Minor Change Council Report 132008.1128.02

132008.1128.02 REQUEST TO CHANGE AN EXISTING APPROVAL FOR Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health; and Reconfiguring a Lot (1 into 2 lots) AT GRASSTREE COURT AND BEN LEXCEN DRIVE, SUNRISE BEACH

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM Reference

Attachments	1.	Proposal Plans
2.	Approved Plans

APPLICATION DETAILS
Application No.	132008.1128.02
Development Approval	Development Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health; and Development Permit for Reconfiguring a Lot (1 into 2 lots)
Applicant	Blue Care
Request Received On	3 December 2018
PROPERTY DETAILS
Property Address	Grasstree Court and Ben Lexcen Drive, Sunrise Beach
RP Description	Lot 6 RP 901384 Lot 9 SP 252905
Land Area	8688 square metres 4.6 hectares
Existing Use of Land	Vacant
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Eastern Beaches
Zone	Community Services
Overlays	Biodiversity Overlay: Environment Protection Area Natural Hazard Overlay: Bushfire
Assessment Type	Minor Change to Development Approval
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 March 2019 regarding Application No. 132008.1128.02 to make a minor change to an existing approval for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health; and Development Permit for Reconfiguring a Lot (1 into 2 lots) situated at Grasstree Court Sunrise Beach and:
A.	Amend the description of the approved use to Development Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs and Commercial Business – Type 2 Medical and Reconfiguring a Lot (1 into 2).
B.	Approve the change and amend conditions 1, 5, 7, 12, 14, 18, 27, 30.1, 33, 35, 39, 40.1, 41, 64, 65 and 72 to read as follows:
The development must be undertaken in accordance with this approval and 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 Name	Date
7448-06		Lots 1 & 9 Cancelling Lot 1 on SP177650 Prepared by Conics (Sunshine Coast) Pty Ltd	15 May 2008
DA_106		Masterplan prepared by Smith and Tracey Architects	November 2018
DA_107		Staging Plan prepared by Smith + Tracey Architects	November 2018
DA_108		Precincts Plan prepared by Smith + Tracey Architects	November 2018
DA_109		Pedestrian Circulation prepared by Smith + Tracey Architects	November 2018
DA_110		Vehicular Circulation prepared by Smith + Tracey Architects	November 2018
DA_111		Building Setbacks prepared by Smith + Tracey Architects	November 2018
DA_112		Landscaping Calculation prepared by Smith + Tracey Architects	November 2018
DA_113		Site Cover Calculations prepared by Smith + Tracey Architects	November 2018
DA_115		Typical Site Section A prepared by Smith + Tracey Architects	November 2018
DA_116		External Finishes Schedule prepared by Smith + Tracey Architects	November 2018
DA_117		Area Schedules prepared by Smith + Tracey Architects	November 2018
DA_118		Residential Aged Care – Ground Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_119		Residential Aged Care – First Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_120		Residential Aged Care – Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_121		Residential Aged Care – N and W Elevations prepared by Smith + Tracy Architects	November 2018
DA_122		Residential Aged Care – S and E Elevations prepared by Smith + Tracy Architects	November 2018
DA_123		Residential Aged Care – Typical Sections prepared by Smith + Tracey Architects	November 2018
DA_124		Residential Aged Care – Village Site Plan prepared by Smith + Tracy Architects	November 2018
DA_125		Central Facilities & ILAs – Basement Car Park prepared by Smith + Tracey Architects	November 2018
DA_126		Central Facilities & ILAs – Ground Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_127		Central Facilities & ILAs – Level 1 First Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_128		Independent Living Apartment Type a1-2b (& handed) prepared by Smith + Tracey Architects	November 2018
DA_131		Central Facilities & ILAs – E Elevation and Typical Section prepared by Smith + Tracey Architects	November 2018
DA_132		Central Facilities & ILAs – N Elevation & Typical Section prepared by Smith + Tracey Architects	November 2018
DA_133		Apartment Buildings – Basement Plan prepared by Smith + Tracey Architects	November 2018
DA_134		Apartment Buildings – Ground Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_135		Apartment Buildings – First Floor Plan prepared by Smith + Tracey Architects	November 2018
DA_136		Apartment Type a2-2b & type a3-3b prepared by Smith + Tracey Architects	November 2018
DA_137		Apartment Buildings – E & W Elevations prepared by Smith + Tracey Architects	November 2018
DA_138		Apartment Buildings – Typical N Elevation & Section prepared by Smith + Tracey Architects	November 2018
DA_139		Apartment Building 4 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_1340		Apartment Building 4 / Sections prepared by Smith + Tracey Architects	November 2018
DA_141		Apartment Building 3 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_142		Apartment Building 3 / Sections prepared by Smith + Tracey Architects	November 2018
DA_143		Apartment Building 2 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_144		Apartment Building 2 / Sections prepared by Smith + Tracey Architects	November 2018
DA_145		Apartment Building 1 / Roof Plan prepared by Smith + Tracey Architects	November 2018
DA_146		Apartment Building 1 / Sections prepared by Smith + Tracey Architects	November 2018
DA_147		Apartment Buildings – Photo Montage from National Park prepared by Smith + Tracey Architects	November 2018
DA_148		ILU Type C (2B-1G) prepared by Smith + Tracey Architects	November 2018
DA_149		ILU Type C (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_150		ILU Type D (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_151		ILU Type H1 (2B-1G) + K1 (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_152		ILU Type H2 (2B-1G) + H2 (3B-2G) prepared by Smith + Tracey Architects	November 2018
DA_153		Independent Living Units – Roof Plans prepared by Smith + Tracey Architects	November 2018
DA_154		Independent Living Units – Elevation Sheet 1 prepared by Smith + Tracey Architects	November 2018
DA_155		Independent Living Units – Elevation Sheet 2 prepared by Smith + Tracey Architects	November 2018
DA_156		Independent Living Units – Typical Sections prepared by Smith + Tracey Architects	November 2018
DA_114		Masterplan / Carparking Layout prepared by Smith + Tracey Architects	November 2018
The approved development comprises the following:
Multiple Housing – Type 3 Retirement & Special Needs (122 independent living units and apartments and 96 aged care beds)
Commercial Business – Type 2 Medical (as indicated on approved plans)
The development may be staged in accordance with the plan titled ‘Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106.
In conjunction with an application for operational works on the site for the first stage, the applicant must submit an operational works application for Vegetation Management for the development site. The Vegetation Management operational works application must detail:
Identification of all active Glossy Black Cockatoo food trees within the development footprint or in areas likely to be impacted upon by the operation or construction of the development.
A Vegetation Clearing Offset program to be undertaken to re-establish the habitat to be cleared from the site to a nearby location with similar soil properties. A receiving site is to be identified and maintained for a specified period (minimum 5 years) after the establishment of the receiving site.
The Vegetation Clearing Offset program must include the details of the transfer methods to be engaged including:
12.3.1	The transfer of soil/seed bank media off the site to the designated receiving site(s);
12.3.2	Methods of transfer including, inter alia, mastication of native vegetative matter, tile transfer of live soil/plant matrix, peat locations and extents, sexual and vegetative methods of revegetation of offset receiving site and other deemed pertinent matters by a person with industry experience in the successful establishment and/or re-establishment of heathland vegetation;
12.3.3	Transfer of rare and threatened plant species (sexual and/or vegetative);
12.3.4	Details of pre-treatment works prior to transfer of soil/seed bank media off the site and methods of transplanting;
12.3.5	Details of seed collections times and estimated establishment procedures and times;
12.3.6	Details of the receiving site, including tenure, contractual details, establishment, monitoring and maintenance details and suitability of the site for the purpose;
12.3.7	All information must be prepared by a person with industry experience in the successful establishment and/or re-establishment of heathland vegetation. Industry and educational institution involvement is recommended.
The establishment of the vegetation offsets must be completed prior to the commencement of the use of the first stage.
The Vegetation Management operational works application must detail the location and extent of vegetation disturbance on Lot 9 SP252905 and Lot 6 RP901384 must be accurately marked on-site, including any setback requirements for bushfire mitigation purposes, for Council officers to inspect prior to commencement of any vegetation clearing.
Any lighting to the development is not to impact on the ecological values of the adjacent National Park and the southern portion of Lot 9 SP 252905, i.e. lighting must not be directed toward, and light spill must be minimised to, the adjacent National Park or remnant vegetation to the south.  Details of the design response to this requirement must be submitted with the application for operational works.
Prior to the commencement of use of Stage 1 of the development, the applicant must construct an eastern extension of Grasstree Court, incorporating kerb and channel on both sides, to provide a direct connection to Ben Lexcen Drive. The intersection must be a full intersection generally in accordance with the plan titled Conceptual Intersection Details Ben Lexcen Drive and Grasstree Court Option 2 (Project No, 18-001942 Drawing Number 3000-SK-005) prepared by Calibre and dated 15.01.19. The centre of the intersection of the Grasstree Court extension with Ben Lexcen Drive must be located in line with the common property boundary between 38 Ben Lexcen Drive and 40 Ben Lexcen Drive. The Ben Lexcen Drive service road carriageway must be realigned as necessary to intersect at a right angle with the Grasstree Court extension. The roadworks and intersection must be of sufficient size to cater for large vehicles, including Council’s articulated library vehicle, to access Grasstree Court, the frontage of the local shops and the Lipton Street roundabout.
All associated and ancillary work including pavement correction to the existing pavement, drainage works, modification of the footpath, and adjustments to the existing infrastructure shall be undertaken to complete the roadworks.
In this regard a schedule of works, specifications and plans detailing this work shall be prepared and submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Remove the existing roadway and footpath connection between Ben Lexcen Drive and the adjacent service road through the north-east corner of Lot 9 SP 252905 and across the Ben Lexcen Drive verge. Kerb must be re-instated on the western side of Ben Lexcen Drive where the roadway connection currently joins and a concrete footpath, at least 2 metres wide, must be constructed along the western verge of Ben Lexcen Drive from this point up to the intersection with the Grasstree Court extension,
Pedestrian crossings shall be provided in Grasstree Court generally as shown on ‘Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106. The crossing shall include linemarking and suitable signage in accordance with the MUTCD.
Vehicular access driveways to service the development shall be constructed from the Grasstree Court frontages of the site. The driveways shall be generally in accordance with Council’s standard drawing SEQ R-051 and Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106.
The vehicle access driveway to proposed carparking level in the apartment buildings must be constructed prior to the commencement of the use of the apartment buildings.
40.1	Generally in accordance with drawing number ‘Masterplan’ prepared by Smith and Tracy dated November 2018, Plan Ref: DA_106,
Carparking shall be provided within the sites generally as shown on drawings numbered DA_114 “Masterplan/Carpark Layout” prepared by Smith and Tracey Architects dated November 2018 and DA_133 “Apartment Buildings – Basement” prepared by Smith and Tracey Architects dated November 2018 and within the “Independent Living Units” as shown the approved floor plans, except as modified herein.
The works must be undertaken in accordance with an Operational Works approval and the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland, and must include in particular:
64.1	Stormwater quality treatment devices of a size and location generally in accordance with those documented in the revised site SWMP required by the above condition; and
64.2	Bioretention devices which:
64.2.1	Are designed generally in accordance with IPWEQA Standard Drawing No. WSUD-001.
64.2.2	Incorporate a coarse sediment forebay (in addition to the required filter media surface area), which is sized in accordance with the latest version of the Water Sensitive Urban Design Technical Design Guidelines for South East Queensland and designed generally in accordance with IPWEQA Standard Drawing No. WSUD-005.
64.2.3	Have safe, unobstructed and all weather access from the road frontage for maintenance purposes, particularly for the coarse sediment forebay.
64.2.4	Are provided with a high flow bypass to ensure that flows which exceed the treatment capacity of the device are bypassed in order to avoid damaging of the filter media or subjecting the filter media to excessive sediment loads.
64.2.5	Are provided with a free-draining outlet from the sub-soil drainage system.
All stormwater quality treatment devices must be maintained in accordance with a Maintenance Manual prepared for the development by a qualified person and submitted to Council prior to the issue of any Development Permit for Operational Works.  The Maintenance Manual must include:
A plan showing the location of the individual components of the system
For proprietary products the manufacturer’s data and product information sheets
For bioretention basins reference to the Water By Design Maintaining Vegetated Stormwater Assets and Rectifying vegetated stormwater assets
65.4.	Location of inspection and monitoring points shown clearly on the plan
65.5.	A schedule or timetable for the proposed regular inspection, maintenance and monitoring of the devices.
65.5	For proprietary products a maintenance contract of a minimum 10 years to demonstrate that the proprietary product shall be maintained as per the manufacturers specifications.
65.6	Details of the location and method for maintenance of any proprietary products to demonstrate that collected pollutants and nutrients shall be disposed of in accordance with relevant legislation.
Records of all maintenance activities undertaken must be kept and made available to Council upon request.
The fire-fighting demand on Unitywater’s water supply system from the development must comply with Unitywater requirements and industry standards.
C.	Delete conditions 44, 45 and 80.
D.	Include the following new condition
Any proprietary stormwater quality improvement device included to achieve the required stormwater quality Management Objectives specified in Section 4 of the Girraween Stormwater Management Plan, must demonstrate only be granted an Operational Works Approval on the following provisions:
A suitably qualified and experienced professional must provide independent verification that the parameters within the node for the device in MUSIC modelling have been tested and verified as per Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018 to achieve the predicted outcomes in the MUSIC model for the development. For the purpose of this condition, the suitably qualified and experienced professional must be able to demonstrate a minimum 10 years urban stormwater testing and modelling experience and be verified in writing by Stormwater Australia as having an appropriate reputation and track record within the stormwater industry to provide such independent advice.
Where testing to achieve the certification of the proprietary stormwater quality improvement device is from an area with rainfall intensities and patterns that are statistically inconsistent with the region of the Noosa Shire that the device is to be installed, and / or the size of the development the device has been tested on is more than 2500m2 smaller than the development the device is proposed to service, the following additional conditions apply:
The proprietary stormwater device treatment train must be tested and re-verified in accordance with the Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018. A suitably qualified and experienced professional, as verified by Stormwater Australia must use the results from the onsite testing to re-run the MUSIC node for the proprietary devices and confirm whether or not the required pollutant reduction efficiencies of 80% reduction in Total Suspended Solids, 60% reduction in Total Phosphorous and 45% reduction in Total Nitrogen for the overall development are delivered.
Where the field results and re-run MUSIC node demonstrate the required pollution reduction efficiencies for the development are not met, the applicant must implement additional measures to achieve the required pollution reduction targets. The additional measures must include, in order of priority, elevated maintenance, and then increased treatment capacity of the stormwater quality improvement devices. Following application of additional measures, the system must be retested in accordance with Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018. Where pollution reduction targets continue to not be demonstrated the proprietary device must be removed and replaced with a bio-retention device constructed in accordance with an Operational Works approval or the applicant must enter into an agreement with Council to provide improved water quality outcomes within the catchment area.
A separate water quality performance bond must be provided prior to any pre-start meeting for the development. The water quality performance bond must be 150% of the cost of water quality monitoring required to comply with Stormwater Australia (2018) Stormwater Quality Improvement Device Evaluation Protocol. Version 1.2 December 2018. The performance bond will be incrementally returned annually for the value of monitoring works completed that year. The full value of the bond shall be returned upon demonstration that the development delivers the required pollution reduction targets.
E.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change an existing development approval. The approved development comprises a residential aged care (RAC) facility, with 96 beds and ancillary uses (medical, allied health, nursing and respite care) over two levels, and a retirement village which comprises 4 independent living apartment (ILA) buildings with a total of 54 apartments over two levels with basement car parking; 55 single level villa style independent living units (ILU’s) and a central facilities building comprising 20 serviced ILA’s and a recreation centre for all ILU residents.
The applicant has advised that:
The proposed minor change relates to the Material Change of Use component of the development approval only. The reconfiguration of a lot approval was enacted in 2013 which has resulted in current Lot 9 on SP252905 and Lot 1 on SP239726 to the south which was dedicated to Council for conservation / national park purposes.
Several minor changes are proposed to the development approval to bring the approved product up to current market standards for retirement living and aged care and to reflect the current preferred ‘care model’ for future residents of all product types.
The specific changes are detailed below:
Yield
The change seeks to amend the yield by:
Removing the 2 respite beds from the residential aged care facility;
Deleting the 20 serviced apartments and replacing them with 15 Independent Living Apartments (ILA’s) thereby increasing the total number of (ILA’s) on the site from 54 to 69;
Reducing the number of Independent Living Units (ILU’s) from 54 to 53;
Reducing the gross floor area of the central facilities building from 1,017m2 to 973m2 (reduction of 44m2).
Density
32 of the ILA and 36 of the ILU layouts have been amended internally to accommodate a third bedroom in comparison to the two bedroom dwelling units which were approved. This results in an increase of bedrooms from 245 to 312 bedrooms.
Floor Plates/Setbacks
The applicant advises that minor changes have been made to the floor plates for each product type to bring the dwelling units up to current market standards.
Other changes
Changes to building heights.
Changes to the appearance of the buildings are proposed.
The existing approval allows for the development to be delivered in 2 stages. Three stages are now proposed.
A reduction of 4 car parking spaces is proposed.
Amendment to the internal road network.
Resultant changes to landscaping.
background
The subject site was previously owned by Noosa Council.  On 15 June 2006, Noosa Council endorsed the Girraween Master Plan – June 2006. The Girraween Master Plan, determined areas for community use and facilities and for conservation after consideration to community needs, environmental values of the area and economic opportunities. The subject site is located within the Girraween Master Plan study area and was designated for future community use with the same zoning carried over to The Noosa Plan.
Blue Care contracted to purchase the land sometime around 2007/2008, with the contract being subject to gaining a development approval.
A development application was lodged in 2008 and was subject to a protracted assessment process including referral to state agencies due to the site’s vegetation, and amendments to the Noosa Plan to address zoning anomalies.  At the time the application was publicly notified, five properly made submissions were received. The submitters were primarily concerned with stormwater treatment and vegetation removal. Subsequent conditions were imposed to address stormwater, bushfire and vegetation management. Ultimately that process resulted in the application remaining dormant until May 2011 when the scheme amendments were adopted and DERM issued their approval in June 2011. The scheme amendments included changes to the planning scheme zone boundaries to reflect the proposed lot boundaries (as shown below).

Noosa Plan Zone Mapping (2008)
Subject site
Subject site
Noosa Plan Zone Mapping 2011
On the 19 December 2011 an approval was issued for the following uses:
A Development Permit for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health; and
Development Permit for Reconfiguring a Lot (1 into 2 lots)
At the time, the following grounds for approval were given despite the conflict with the scheme:
The development layout accords with the site’s zonings following amendments to The Noosa Plan dated 11 May 2011 and master planning previously undertaken for the site, which include significant dedication of land for environmental conservation.
The proposed medical use is ancillary and complementary to the development’s aged care and residential uses.
The development addresses an identified need for aged care and retirement residential in the area and is supported by adopted Council strategies for housing and the elderly.
The site is well located to provide future residents with access to local services and transport.
A number of conditions were imposed on the approval to address the habitat loss including that:
Identification of all active Glossy black cockatoo food trees within the development footprint or areas likely to be impacted;
A vegetation clearing offset program with a 5 year required maintenance period;
Re-location of rare and threatened plant species;
The offset program is required to include topsoil and mulched vegetation from the site to be translocated to a degraded receiving site within the Girraween estate for rehabilitation purposes and transfer of rare and threatened plant species;
Identified Glossy Black Food trees are to be propagated at a ratio of 8:1 from the parent tree and replanted.
Blue Care enacted the subdivision component of the development approval and created the two new lots from Grasstree Court, with the balance of the land dedicated as a nature refuge for conservation purposes.
On 8 December 2017, Council by delegation agreed to an amended approval in response to an application to extend the relevant period by 4 years. The amended approval included minor changes to the master plan as a result of new bushfire requirements with the changes primarily including increased setbacks to the southern and western boundaries. The amended plans also resulted in consequential changes to a number of conditions and the inclusion of a new condition requiring amended plans in accordance with the new Masterplan.
assessment
Instruments for Statutory Assessment
The following codes from the Noosa Plan are applicable to this development:
Eastern Beaches Locality Code
Biodiversity Overlay Code – Environmental Protection Area
Natural Hazard Overlay Code  - Bushfire and Acid Sulfate Soils
Residential Uses Code
Business Uses Code
Driveways and Car Parking Code
Landscaping Code
Engineering Works Code
Statutory Process
The applicant has requested to make a minor change to the 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 nature of the proposed uses and form of the development remain generally consistent with the original approval;
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
Plans
The following images depict the site plans of the approved development and the proposed changed development:

Figure 1 – Approved development layout

Figure 2 – Proposed development layout
The changes to the footprint are considered to be minor and will be of no consequence to the amenity of adjoining properties and streetscapes as the proposed location of the buildings is generally consistent with the originally approved plans. The proposal maintains compliance with site cover and gross floor area requirements. The setback to the residential aged care building from the northern boundary has been increased by approximately 2.0 metres. The internal road adjacent to the eastern boundary has been deleted and some of the independent living units are proposed to be situated closer to the eastern boundary than previously approved. The setbacks range from 7.05 metres to 7.46 metres and comply with the current requirements of the Noosa Plan and provide for an approved amenity outcome in comparison to the previously approved layout.
The proposed changes to the Central Facilities and ILA building and the ILA buildings are generally consistent with the existing approved elevations and raise no issues. The changes to the Residential Aged Care facility and the Independent Living Units are though more substantive in appearance. These changes are detailed in the following images:

Figure 3 - Approved northern and western elevations of Residential Aged Care Facility

Figure 4 - Proposed northern and western elevations of Residential Aged Care Facility

Figure 5 – Approved Independent Living Unit Elevations

Figure 6 – Proposed Independent Living Unit Elevations
The primary change to the Residential Aged Care facility and the Independent Living Units relates to the deletion of the skillion roofs which have been replaced with hip style roofs. Whilst it is arguable that the skillion roofs provide for a light weight appearance it is noted that the proposed built form accords with the Noosa Plan requirements for roof pitch and eaves, with the minimum roof pitch being 10 degrees and overhangs of at least 600mm provided. An external finishes schedule has been provided which provides for a palette of muted and earthy tones.

Height and Storeys
Some changes are proposed to the height of the development as detailed the following tables:
Residential Aged Care (RAC):
	Previous Approval	Proposed change
Max height	9.10m	9.9m
Max. roof RL	RL 38.800	RL 39.000
Central Facilities and Independent Living Apartments:
	Previous Approval	Proposed change
Max height	8.25m	10.40m
Max. roof RL	RL 37.200	RL 37.600
Independent Living Apartment Buildings:
	Previous Approval	Proposed change
Apartment Building 1		
Max height	7.25m	7.85m
Max. roof RL	RL 35.800	RL 35.150
Apartment Building 2		
Max height	9.13m	9.43m
Max. roof RL	RL 35.900	RL 34.250
Apartment Building 3		
Max height	9.65m	9.35m
Max. roof RL	RL 34.550	RL 33.950
Apartment Building 4		
Max height	9.61m	9.41m
Max. roof RL	RL 35.300	RL 34.600
The proposed changes result in some increases to the maximum heights of the RAC, the Central Facilities and ILA Building and ILA buildings 1 and 2.
The increased building height for the RAC relates to changes to the finished ground level to facilitate the infiltration pit associated with the proprietary device and results in the north-western corner of the building increasing in height from approximately 8.55 metres to 9.90 metres. The provision of a basement car park has resulted in the increased height for the Central Facilities and ILA building. This results in a significant 2.15 metre increase to the maximum height of the building. It is proposed to increase the height of ILA’s buildings 1 and 2 by 600mm and 300mm respectively.
Increases to the height of these buildings will not have a detrimental effect on surrounding properties or the streetscape as they are situated internal to the site at the western edge of the development and adjacent to the northern vegetated drainage reserve on the adjacent Council owned land. The proposed changes to the heights of the RAC and the Central Facilities and ILA building result in changes to the maximum RL of these buildings by 200mm to 400mm respectively. Whilst the physical heights of ILA buildings 1 and 2 are proposed to be increased, the maximum RL of these buildings is decreased and the height of these buildings is approximately 4 metres lower than the highest part of the RAC facility and approximately 2.5 metres lower than the Central Facilities and ILA building. It is acknowledged that aged care facilities are generally large buildings which require floor levels to be on a single plane and therefore the stepping of floor levels in response to slope is not a practical solution and some variation is warranted given the changing levels across the site.
A basement car park has been added to the Central Facilities and ILA building, and due to a fall in the topography of the site the areas adjacent to the basement access appear as 3 storeys. This variation is supported as it relates to a minor aspect of the western elevation, is situated internal to the site and will not impact on the amenity of the surrounding land. The following image details the aspect of the Central Facilities and ILA building that is 3 storeys.

Figure 7: 3 storey component of Central Facilities and ILA building
Yield and Density
In terms of the deletion of the serviced apartments and the increase of the independent living apartments the applicant advises:
…the 20 serviced apartments approved above the central community facility are proposed to be reduced to a yield of 15 and converted to ILAs. This is as a result of a change in care model over the past 10 years whereby serviced apartments are no longer required as a specific product as per the following:
In-home care has replaced the need for serviced apartments. BlueCare (and other providers) are able to deliver care to residents of the ILA’s in their home whereas previously, residents that required a ‘low care option’, i.e. the serviced apartments, were located in one area only. BlueCare can now effectively deliver that ‘low care’ option to all residents throughout the retirement village. So whilst BlueCare are technically removing 20 serviced apartments it can be argued that we are in effect enabling up to 122 retirement dwellings, with up to two residents in each unit the same level of service so the use is not being lost or removed from the development, it is just being delivered via a different model. Low care is provided on a user needs and provides service directly into their existing accommodation allowing for couples to remain together and residents to age in place for longer.
The RAC accommodation is soley for ‘High care’ wherein the average age upon entry is currently 82 years old and residents are no longer able to look after themselves in their own accommodation.
It is our opinion that the conversion of serviced apartments to ILAs constitutes a minor change to the proposal as the ILU / ILA residents of the retirement can elect to have some level of care / assistance provided or are able to request no assistance whatsoever– similar to that of a serviced apartment 10 years ago. We also note that the number of dwellings has not increased and that the changes are in the centre of site so no change to the interface with neighbours will result as a consequence of this change.
The deletion of the serviced apartments and increase of the independent living apartments is supported as it is reflective of the changed care model which BlueCare now provides. The inclusion of the serviced apartments was not a requirement of the planning scheme when the initial application was assessed. Notwithstanding, the current BlueCare model now allows for all residents within the Multiple Housing Type 3 – Retirement and Special needs component of the development to be provided with a level of ‘in-home’ care.
Whilst 2 respite beds are being removed from the Aged Care Facility the applicant advises that all aged care beds within the facility will now be suitable for respite care. The development will therefore continue to provide care options ranging from low care to high care.
Some of the Independent Living Apartment and Independent Living Unit layouts have been amended internally to accommodate a third bedroom, in comparison to the one and two bedroom dwellings which were originally approved. This results in an increase of bedrooms from 245 to 312 bedrooms. Within the Community Services Zone the Noosa Plan permits a maximum population density of 320 persons per hectare exclusively for the purposes of Residential Aged Care and 160 persons per hectare for any other form of Retirement & Special Needs Housing. Population density within Retirement and Special Needs Housing is calculated as 1.5 persons per unit regardless of the number of bedrooms within the dwelling unit. The proposed increase in the number of bedrooms therefore remains consistent with the Noosa Plan requirements.
Car Parking
The amended plans include a change to the provision of car parking throughout the site and results in a net loss of 4 car spaces.
The following table details the approved and proposed car parking throughout the site:
Use	Existing approval	Proposed	Planning Scheme	Complies (Current proposal)
RAC (96 beds)	Staff: 54 Visitor: 20 Emergency vehicle: 1 Service vehicle: 1 Total: 76 spaces	Staff: 38 Visitor: 10 Emergency vehicle: 1 Service vehicle: 1 Total: 50 car spaces	24 spaces	
Central facilities and ILA’s (15 ILA’s)	Staff: 5 Visitor: 16 Residents: 7 Emergency vehicle: 1 Service vehicle: 1	Staff: 5 Visitor: 14 Residents: 15 Emergency vehicle: 1 Service vehicle: 1	Staff: 0 Visitor: 5 Residents: 15 Emergency vehicle: 1 Service vehicle: 0	
ILA’s (54)	Residents: 65 Visitors: 17	Residents: 54 Visitors: 14	Residents: 53 Visitors: 14	
ILU’s (53)	Residents: 74 Visitors: 30	Residents: 81 Visitors: 53	Residents: 69 Visitor: 18	
TOTAL	292	288	199	
Table 1: Car Parking Rates Comparison
The most significant reduction in car parking relates to the Residential Aged Care facility (RAC). The existing approval provides car parking at a rate of 1 space per 1.32 beds. The proposed rate is 1 space per 2 beds. The current Noosa Plan requires 1 space per 4 beds.
When the original application was assessed the planning scheme had a different method of assessing the required number of car spaces for residential aged care. The number of car spaces required was based on 1 space per 2 employees based on the maximum number of employees engaged at any one time and 1 space per 5 beds or occupants of the premises and resulted in a requirement for 29 car spaces for the RAC facility.
The proposed 1 space per 2 beds (48 spaces) exceeds the amount required by the Noosa Plan at the time of the original approval and is double the amount required by the current planning scheme.
It is noted that recent development approvals for aged care facilities have provided car parking rates higher than required by the Noosa Plan. Specifically, Noosacare (Carramar) provided car parking at a rate of 1 space per 1.1 beds and Arcare provided car parking at rate of 1 space per 1.69 beds. The rate provided by Noosacare was considerably higher as administrative functions for numerous Noosacare facilities operate from the site thereby increasing the staff parking required. The proposed rate of 1 car space per 2 beds is supported.
The provision of car parking for residents and visitors associated with the Central Facilities and ILA building, ILA’s and ILU’s complies with the minimum requirements of the Noosa Plan.
Circulation/Access/Egress/Refuse Collection
The amended plans alter the internal road network and result in the reduction of the amount of road within the site. The remaining road network is wider than the current approved internal roads and will facilitate safe access, egress and internal movements for commuter, service and emergency vehicles.
Staging
The existing approval allows for the development to be delivered in 2 stages. Three stages are now proposed. The increase from 2 to 3 stages raises no concern however it is recommended that condition 12 which relates to the vegetation clearing offset program be amended to include a requirement that the establishment of the vegetation offsets be completed prior to the commencement of the use of the first stage of the development.
Environmental
Lot 6 (northern parcel) is fully vegetated with regrowth vegetation. It was cleared previously in the early 1990’s. The site is not a mapped area under the Biodiversity Overlay of the Noosa Plan. Vegetation is mainly Allocasuarina littoralis, with occasional Banksia, Bloodwood and limited understorey vegetation. The vegetation assemblage is consistent with regrowth of cleared areas on inland dune systems. The dominance of Allocasuarina littoralis on the site is characteristic of a previously disturbed site and the absence of fire in this dune area. The recently submitted Ecological Management Plan has identified the site as containing significant forage values for the Glossy Black Cockatoo, a Vulnerable listed species pursuant to the Nature Conservation Act 1992. The Glossy Black Cockatoo has fidelity to specific individual Allocasuarina littoralis, returning to feed on the same tree daily. Given the short-lived nature of the tree, it is problematic to design developments to accommodate these pioneer, ruderal trees.
The loss of these forage values and the impact it will have on the local Glossy Black Cockatoo population cannot be quantified as there is insufficient information regarding the overall abundance of forage trees within the range of the local Glossy Black Cockatoo population. The dedication of land previously zoned for development as Nature Refuge and the rehabilitation of degraded lands has resulted in a net increase in habitat protected in perpetuity within the vicinity.
The footprint of the approved building location has not significantly changed when compared with the proposed footprint. However design changes in the location of the water quality devices located in the north eastern corner of the lot will result in the retention of a cluster of active feed trees. These design changes have increased the number of trees to be retained and available for Glossy Black Cockatoo.
Lot 9 (southern parcel) is a vegetated lot containing a mix “Of Concern” and “Least Concern” remnant vegetation over 70% of the lot with the remaining 30% containing cleared areas and regrowth vegetation. The site contains grass trees, bloodwoods, banksias, wattles and Allocasuarina littoralis. Minor changes to the approved layout, including internal road networks, will not materially alter previously approved areas to be cleared. The subsequent Ecological Management Plan has identified the site as containing significant forage values for the Glossy Black Cockatoo. There is potential to retain a few trees along the periphery of the lot and landscaping works can include Glossy Black Cockatoo food trees. However, as is the case with Lot 6, the dedication of previously development zoned lands as Nature Refuge and the rehabilitation of degraded lands has resulted in a net increase in habitat protected in perpetuity within the vicinity.
Bushfire
The site is mapped as High Potential Bushfire Intensity in the Noosa Plan. The applicant has previously provided a Bushfire report with the previous approved layout. The current proposed layout does not materially impact on the bushfire setbacks required and can be conditioned to comply with the previously approved bushfire provisions.
Water Quality
The applicant proposes to replace a bio-retention basin with an underground proprietary device. This has been reviewed by Council’s Environment Officer who advises:
The changes application has resulted in the retention of 7 Glossy Black Cockatoo feed trees. These trees are able to be retained via replacement of the already approved bio retention basin in the northern portion of the site with treatment of that stormwater via an underground proprietary product. Proprietary stormwater quality improvement products are relatively new to the markets and are still being established to determine whether the inputs to the MUSIC modelling which determines pollution reduction targets are accurate. The applicant provided documentation that demonstrates the pollution reduction efficiencies of the proposed proprietary product. The product has only been tested on a site that is ¼ the size of this one, and also under rainfall conditions different to those Noosa receives. Given that the installation of the proprietary product has potential to retain Glossy Black Cockatoo feed trees, which are not otherwise protected by any legislation, it is considered acceptable to consider the proprietary product in a trial scenario. This means that strict monitoring conditions need to be applied to ensure that the water quality pollution reduction targets are met and are equivalent or better than what the already approved bio retention basin would have provided.
The applicant has proposed the use of a propriety storm water devices (cartridge and detention tanks) to reduce the extent of the stormwater quality device footprint impacting of Glossy Black Cockatoo food trees in the north eastern corner of Lot 6.  The performance of these devices within Noosa to meet the required pollution reduction targets has not yet been demonstrated.  The risk associated with conditional acceptance of the use of the propriety device is relatively low considering the contribution of the Lot 6 to the catchment when compared to the overall developed contributing catchment and the retention of the food trees.
Acceptance of the proprietary device requires amendment to conditions 64 and 65 and a new condition to ensure the water quality outcomes from the proprietary products are adequately proven and maintained in a Noosa rainfall context on a development of this scale. The new condition details the testing regime required for the proprietary device and also requires the replacement of the device with a bio-retention basin should reduction targets not be met.
Roadworks
A condition of the existing approval requires the construction of an eastern extension of Grasstree Court. Concurrent to the assessment of this change application the applicant has also lodged an application for Operational Works. Included within the plans for the Operational Works application are plans for the roadworks associated with the construction of the eastern extension to Grasstree Court. Assessment of these plans has identified that the intersection should be a full intersection as opposed to a ‘left-in’ only intersection. Accordingly it is recommended that the relevant condition be amended to include reference to these plans.
Draft Noosa Plan
The draft Noosa Plan is currently being publically notified and it is noted that the proposed zoning is Community Facilities Zone (Type 3 – Residential Care Facility). The related Code prescribes that the subject site is developed and retained as an integrated residential care and retirement facilities. Assessment of a new application under the Draft Noosa Plan on the site would be code assessable which is consistent with the level of assessment within the current scheme.
Conditions
The proposed changes to the plans result in consequential changes to a number of conditions. These changes relate to the list of approved plans, details of the development, updated title reference and conditions which make specific reference to plans which have now been amended.
The applicant also requests the following amendments to the conditions as detailed below:
Condition 72
The fire-fighting demand on Unitywater’s water supply system from the development must not exceed 15 litres per second.
Applicant’s Request
The applicant seeks to amend condition 72 which relates to water flow to the site. The applicant seeks to change the rate of flow from 15l/s to 30l/s. The applicant advises that this is required for bushfire fighting purposes and that it is consistent with Unitywater’s current SEQ policy.
Assessment of Request
The applicant was requested to provide written advice from Unitywater confirming that the change to the flow rate is required. The applicant has not been able to provide this advice. It is acknowledged that changes may be required to the flow rate for the purpose of bushfire fighting purposes. It is recommended that the condition be amended to provide the applicant with the flexibility to provide a different flow rate without making specific reference to a standard of 30l/s. Therefore it is recommended that condition 72 be amended to read:
The fire-fighting demand on Unitywater’s water supply system from the development must comply with Unitywater requirements and industry standards.

Deletion of conditions 44, 45 and 80
One of the carspaces at the western end of the ground floor parking area of the “Residential Aged Care’ shown on drawing number 0673_DA13/P1 shall be dedicated as a turning / manoeuvring area.
One of the carspaces at the eastern end of the ground floor parking area of the “Residential Aged Care’ shown on drawing number 0673_DA13/P1 shall be dedicated as a turning / manoeuvring area.
Prior to the issue of any Development Permit for Operational Works amended plans for the development must be submitted to and approved by Council, the amended plans must be consistent with the ‘Masterplan’ prepared by RPS dated 18 October 2017, Plan Ref: 132938-01D.
Applicant’s Request
The applicant requests the above conditions be deleted as the amended plans have resolved and/or demonstrated compliance with the requirements of these conditions.
Assessment of Request
It is agreed that these conditions are no longer required as a consequence of the amended plans.
SUBMISSIONS
The change application is not subject to notification requirements. If a new application were lodged it would be code assessable and would also not be required to be publicly notified. Notwithstanding, a number of written submissions have been received prior to the change application being submitted and during the assessment of the application. The submissions relate to the preservation of the Glossy Black Cockatoo habitat. The change application does not propose significant changes to the footprint of the approved building. Change to the layout provides the potential to retain a few trees along the periphery of lot 9. Design changes in the location of the water quality devices located in the north eastern corner of lot 6 will also result in the retention of a cluster of active feed trees. These design changes have increased the number of trees to be retained and available for Glossy Black Cockatoo.
Furthermore, a consequence of the original approval, land previously zoned for development was dedicated as Nature Refuge and the rehabilitation of degraded lands has resulted in a net increase in habitat protected in perpetuity within the vicinity.
cONSULTATION
The application did not require referral to any agencies.
The application was reviewed internally by:
Development Engineer
Environment Officer – Biodiversity
Environment Officer – Water Quality
Infrastructure Services
Waste and Environmental Health
conclusion & reasons for decision
The application is for a change to the existing development approval for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Wellbeing – Type 1 Health; and Development Permit for Reconfiguring a Lot (1 into 2 lots) at Grasstree Court and Ben Lexcen Drive, Sunrise Beach. The change relates to the Material Change of Use component of the development approval only. Specifically the changes relate to amendment of the development footprint, elevations, building heights, yield, car parking layout and the number of bedrooms within some of the units. Consequential changes to conditions are also required.
The proposed changes are generally consistent with the original development parameters of the approval and the changes are considered to be supportable under the Planning Act provisions.
The intent of the existing approval was for residential care and retirement facilities and the amended development will remain subject to the approved use type.

Departments/Sections Consulted:
	Chief Executive Officer	x	Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning	x	Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 MARCH 2019

[Attachment: image3.png (image text)]
The site comprises two parcels of land separated by the
‘existing Grasstree Court road reserve,

Lot on RP901384 is 8, 697 m2 and is bounded onthe
{2st by an existing shopping centre. tothe north by vacant
{and and to the west by an existing Unting Church. tis
‘proposed to develop 22 storey residential aged care home
RAC) of 96 bee on thie ste, The faci would ais house
Blue Care, alied heath, community nursing, respite and
suppor hospitality services.

Proposed lt 9 being part lot 1 on SP177650 is 4.66 ha
‘bound tothe east by existing residential development, to
‘the north by Grasses Court and the existing church ang
‘to the west and south bya reserve.

tis proposed to develop an aged cae fact comprising @
central facies and recreation bung, 20 sence
‘partments and otal of 108 indepen-dent ving units in
‘he form of either single storey semi-detached vllas or four
2 storey apariment buildings within this ste.

Staging
The proposed developments in2 stages.
‘Stage t

residential aged care 96 beds + respite 2
‘beds central facties & 20 serviced

‘35 independent ving units i

epee Lot Son RP 800087 r
|

‘Southern Detention / Bio-retention
“Basin ares TOH0r™
(Catchment area: 29634m"

Central facilities & serviced

Function room & recreational esas
20 serviced apartments

NOOSA COUNCIL
APPROVED PLAN
132008.1128.01 8 NOV 2017

‘Smith & Tracey Architects

 

Residential aged care, allied health, community
nursir ite & si 1 hos services
[Lat6 on RP 901384

96 Beds (aged care)

‘2 beds (respite)

‘Spreader Channel
‘Channel area 175m"

 

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Aged care facility site
‘Proposed Lot 9
Part Lot 1 on SP 177650

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Independent living units
‘34x 2 bed
7x2be0 + study
S51 total
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type b-2b street elevation type c-2b+s side elevation (courtyard)

 

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type b-2b side elevation type c-2b+s side elevation


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WEST ELEVATION