Original source · versioned page text
Planner's Report
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 29 November 2019 Job Ref: M1775 Noosa Council By Email: <[email protected]> Att: Patrick Murphy – Coordinator Planning Re: Change Application (‘Minor Change’) – Development Approval for Reconfiguring a Lot (Subdivision 1 Lot into 52 Lots plus Park) over land situated at 191 Hollett Road, Noosaville and described as Lot 53 on SP163571 - Council Application No. 152006.1999 Dear Patrick, On behalf of our clients, John & Kathy Hofmann, we hereby request a Change to a Development Approval (“minor change”) under section 78 of the Planning Act 2016 (the PA 2016) in relation to the above development approval issued by the Planning & Environment Court by order dated 5 July, 2013. This correspondence provides details of the site and approval history and a description of the proposed changes to the approved drawings and conditions. It includes an assessment of the proposed changes against the relevant requirements of Planning Act 2016 and the Development Assessment Rules including an assessment that the proposed change represents a minor change and does not constitute “substantially different development”. 1.0 BACKGROUND / CONTEXT 1. An application to rezone the land from the “Rural Pursuits Zone” to the “Rural Residential” and “Open Space” zone was made to Council on 25 March, 1996. A rezoning approval was issued by Council on 1 August, 1997 changing the zone to “Special Residential” and “Open Space” permitting the development of a maximum of 82 lots. The approved plan of development 950555.P5B prepared by Downes Survey Group sets out the development rights under the zones endorsed on the plan, and contains the relevant development criteria for the land. This included a maximum number of 80 Rural Residential allotments and 2 Rural Pursuits allotments. The approved plan outlined that the land use entitlements for both Rural Residential Areas and Rural Pursuits Areas, were applicable, as if the land was located within those zones at any time. 2. This position is repeated in the conditions of the rezoning approval (03004TR), which run with the land and remain binding on successors in title. 3. The rezoning stipulated that a minimum 24 hectares indicated as Open Space was required to be dedicated to the Crown.
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalSearchable page text hides email addresses. Original files are unchanged and may show email addresses.
Full text of the other 23 pages
Page 2
4. The rezoning was gazetted on 1 May, 1998, rezoning the site to partly “Special Residential Zone” and partly
“Open Space Zone” under the IPA-ised version of the Transitional Noosa Planning Scheme 1997.
5. Under the approval, the applicant was required to dedicate a large portion of land for the Walter Hay Drive
road reserve, which has had significant benefit to the local road network within Noosaville. Survey Plan
SP163571 dedicated an area of 3.763 hectares for the future road purposes (Walter Hay Drive), which was
registered with the Department of Natural Resources and Mines on 19/11/2004.
6. The site was subsequently zoned to “Rural” under the draft Noosa Plan 2006. As part of the Draft Noosa
Plan 2006 Public Consultation period, the Applicant made a submission to Council requesting that the site
be considered for inclusion in the Rural Settlement Zone, Attached Housing or Semi-attached Housing Zone
and requested that the entire site be included in the one locality (Noosaville Locality) instead of across split
localities (Noosaville and Tewantin & Doonan).
7. Council at that time resolved to amend the Planning Scheme by including all of Lot 53 within the Tewantin
& Doonan Locality. However, Council did not resolve to change the zone to Rural Settlement zone,
Attached Housing or Semi-attached Housing Zone.
8. A development application (superseded planning scheme) for reconfiguration, originally for eighty two (82)
lots plus one (1) park lot, was lodged with Council on 12 September, 2006.
9. At Council’s ordinary meeting on 19th October, 2006, Council confirmed that the development application
for reconfiguration could be assessed against the Superseded Planning Scheme. In arriving at this decision,
Council considered that assessment of the application under the new (2006 Noosa Plan) may have resulted
in a compensation claim arising from the potential loss of value in the land as a result of the change of
zoning from Special Residential to Rural under the 2006 Noosa Plan.
10. DNRM, acting as concurrence agency, directed Council to refuse the application originally. Accordingly,
Council issued a Decision Notice of Refusal on 16 November, 2009.
The decision was appealed through the Planning and Environment Court, and was approved with
conditions on the 5th July, 2013.The final approval granted by way of the Planning and Environment Court
Order (Appeal No. 344 of 2009) reduced the overall yield to 52 Lots and Park. Significantly, the approval
requires dedication of 52.757 hectares of parkland.
11. It is noted Condition 16 of the approval required the execution of an infrastructure agreement (IA) to set
out the obligations to obtain approval for road opening/closure of Old Hollett Road. Under the terms of the
IA, Council is required to complete particular actions to allow the opening/closing of road. In this regard
Council has advised that the road opening/closure application was lodged with the DNRM in early 2014 and
that “this is being progressed by Council’s property section but is still with the State for a decision”.
JFP Ref: M1775 Page 2
Page 3
12. Subsequent Extension Applications, Compliance Assessment Application and Change Application have been
lodged to extend the time period to complete the development. These applications are now subject to the
Planning and Environmental Court appeals, yet to be decided.
2.0 DESCRIPTION OF PROPOSED CHANGES
1. This change to the approval includes a minor change to the “Approved Plan (Requiring Amendment)”
section of the development approval and consequential amendments to conditions to reflect the revised
layout. We note for your reference that there are the appeals, which are yet to be decided, including:
a) Appeals 3188 and 3560 of 2017 – Council’s refusal of Extension Application.
b) Appeal 4595 of 2017 – Council’s Action Notice regarding Compliance Assessment.
c) Appeal 2379 of 2019 – Council’s deemed refusal to Change Application (Minor Change) to extend
sunset clause period within condition 5.
2. The changes made to the plan of development have been updated to have regard to current adopted
Statutory Instruments that Council may consider or give weight to in assessing the Change Application.
2.1 Changes to Approved Drawings / Other matters
3. It is requested that the “Approved Plans (Requiring Amendment)” section of the decision notice is
amended to include the details of the revised Plans of Development, listed below:
M1775-00-13E Sheet 1 of 6, Reconfiguration Plan prepared by JFP Urban Consultants Pty Ltd dated 16
September, 2019;
M1775-00-13E Sheet 2 of 6, Plan of Development prepared by JFP Urban Consultants Pty Ltd dated 16
September, 2019;
M1775-00-13E Sheet 3 of 6, Council Overlays prepared by JFP Urban Consultants Pty Ltd dated 16
September, 2019;
M1775-00-13E Sheet 4 of 6, Regulated Vegetation Overlay prepared by JFP Urban Consultants Pty Ltd
dated 16 September, 2019;
M1775-00-13E Sheet 5 of 6, GQAL Overlay prepared by JFP Urban Consultants Pty Ltd dated 16
September, 2019;
M1775-00-13E Sheet 6 of 6, Aerial Overlay prepared by JFP Urban Consultants Pty Ltd dated 16
September, 2019.
4. The original approved layout drawing no M1775-00-12E, Proposal Plan J & K Hofmann Hollett Road,
Noosaville, prepared by JFP Urban Consultants dated 21/06/12 includes the following changes:
a) The development footprint has been reduced to better conform to ecological, bushfire and agricultural
matters raised as part of the current Planning and Environmental Court Appeals.
b) The number of lots has been reduced from 52 lot to 40 Lots.
JFP Ref: M1775 Page 3
Page 4
c) The reduced development footprint has resulted in the total area of parkland increasing to 59.444
hectares from 52.757 hectares, as originally approved. This represents an additional 6.687 hectares of
land to be dedicated to park purposes.
2.2 Changes to Conditions
5. Based on the reduction in yield and revised lot numbering, the development approval conditions require
consequential updates as follows:
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
PLANNING
When Conditions Must Be Complied With
Approved Plans
2. Development authorised by this approval must be Based on the revised amended Proposal Plans,
undertaken generally in accordance with the Condition 2 needs to be updated as follows:
Approved Plans listed within this Decision Notice. The
Approved 2. Development authorised by this approval must be
Plans must be amended to incorporate the undertaken generally in accordance with the Approved
amendments listed within this Decision Notice and Plans listed within this Decision Notice. The Approved
resubmitted to Council prior to the issue of the first Plans must be amended to incorporate the
Development Permit for Operational Works* amendments listed within this Decision Notice and
resubmitted to Council prior to the issue of the first
Development Permit for Operational Works*
Development Completion
5. The uncompleted aspects of this development A Change Application lodged with Noosa Council on 15
approval lapses if the subdivision plan for the last May, 2019, sought a minor change to condition 5 to
stage of the development has not been registered by extend the sunset clause so that the uncompleted
the relevant titles authority within 6 years of the date aspects of the approval will lapse on 5 July 2022. That
this approval takes effect. application is the subject of appeal no. 2379 of 2019,
which is yet to be decided.
This change application seeks a further change to
condition 5 to provide the applicant a more
reasonable amount of time to complete the
development. Specifically, it is requested that
condition 5, is amended as follows:
“5. The uncompleted aspects of this development
approval lapsesif the subdivision plan for the last stage
of the development has not been registered by the
relevant titles authority within 6 years of the date this
approval takes effect of this Change approval”.
Plan of Development/Setbacks
6. All buildings and structures must be setback a As a result of layout amendments Lots 51 & 52 have
minimum of 6 metres from the road frontage and 3 now been amalgamated into one allotment, forming
metres from all other boundaries, except for Lots 51 Lot 40.
and 52 where the setback to any boundary must be a
minimum of 10 metres. A Table indicating the building Therefore, a consequential change is required to
JFP Ref: M1775 Page 4
Page 5
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
setbacks must be included on an amended approved condition 6, as follows:
plan.
6. All buildings and structures must be setback a
minimum of 6 metres from the road frontage and 3
metres from all other boundaries, except for Lots 51
and 52 40 where the setback to any boundary must be
a minimum of 10 metres. A Table indicating the
building setbacks must be included on an amended
approved plan.
Lot Layout
8. The rear property boundary of Lots 16, 20, 21 and The layout has been revised to comply with this
22 must be setback 10 metre from the existing condition. Therefore, it is considered that the
property boundary to Walter Hay Drive. The land area condition can be deleted.
(10 metres) between the lots and Walter Hay Drive
must be dedicated to the Crown as Reserve for Park.
Acoustic Requirements
9. An acoustic barrier must be constructed on Lots Condition 9 needs to be updated to reflect the revised
16, 20, 21 and 22 for noise attenuation. The barrier layout and staging as follows:
must be constructed in accordance with an
Operational 9. An acoustic barrier must be constructed on Lots 33,
Works approval and the following: 34, 35 16, 20, 21 and 22 39 for noise attenuation. The
(a) the barrier must be positioned entirely within barrier must be constructed in accordance with an
private property along the rear/eastern boundary of Operational Works approval and the following:
Lots 16, 20, 21 and 22 (adjacent to the reserve for (a) the barrier must be positioned entirely within
Park boundary); private property along the rear/eastern boundary of
(b) the barrier alignment must be varied where Lots 33, 34, 35 16, 20, 21 and 22 39 (adjacent to the
necessary to preserve existing significant vegetation reserve for Park boundary);
with all vegetation within the 10 metre setback (b) the barrier alignment must be varied where
maintained and protected during construction, unless necessary to preserve existing significant vegetation
varied by Council; with all vegetation within the 10 metre setback
(c) the barrier must not include a mound; maintained and protected during construction, unless
(d) the barrier must be erected to a height indicated varied by Council;
on the approved plan (as amended), and measured (c) the barrier must not include a mound;
from the finished ground level of the site; (d) the barrier must be erected to a height indicated on
(e) returns must be constructed at each end of the the approved plan (as amended), and measured from
barrier for a length indicated on the approved plan; the finished ground level of the site;
(f) the barrier must be constructed by the developer (e) returns must be constructed at each end of the
as part of Stage 3; and barrier for a length indicated on the approved plan;
(g) maintenance of the acoustic barrier in a good (f) the barrier must be constructed by the developer as
condition shall be the responsibility of the lot owner. part of Stage 2 3; and
(g) maintenance of the acoustic barrier in a good
condition shall be the responsibility of the lot owner.
11. All dwellings (including two (2) storey dwellings) Condition 11 needs to be updated to reflect the
on Lots 16, 20, 21, 22, 50 and 51 must be sited within revised layout as follows:
the Building Envelopes for Noise as shown on the
approved plan number 12-49a-2 "Noise Barrier and Prior to the issue of an operational works approval, the
BLE", prepared by MWA Environmental dated 30 May noise report prepared by MWA Environmental needs to
2012 (as amended). be updated and submitted to Council along with a
JFP Ref: M1775 Page 5
Page 6
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
revised Building Envelope Plan for Lots 32, 33, 34, 35,
39 and 40.
12. For all two (2) storey dwellings on Lots 16, 20, 21, Condition 12 needs to be updated to reflect the
22, 50 and 51, an acoustic report must be prepared revised layout as follows:
by a qualified person* recommending design,
material and construction requirements to achieve 12. For all two (2) storey dwellings on Lots 32, 33, 34,
internal noise levels recommended by Australian 35, 36 and 40 16, 20, 21, 22, 50 and 51, an acoustic
Standard AS2107:2000 within habitable rooms using report must be prepared by a qualified person*
the methodology of AS 3671: 1989 and all such recommending design, material and construction
dwellings must be constructed to these standards. requirements to achieve internal noise levels
The acoustic report must be submitted to Council recommended by Australian Standard AS2107:2000
prior to the issue of a building approval. within habitable rooms using the methodology of AS
*(Refer to Advisory Note) 3671: 1989 and all such dwellings must be constructed
to these standards. The acoustic report must be
submitted to Council prior to the issue of a building
approval.
15. Park allotments east of Walter Hay Drive must be Condition 15 will need to be updated to reflect the
dedicated to Council with Stage 4 of the revised layout and staging boundaries as follows:
development.
15. Park allotments east of Walter Hay Drive must be
dedicated to Council with Stage 4 Stage 3 of the
development.
Road Dedication / Closure Hollett Road
CIVIL ENGINEERING
External Works
18. Hollett Road must be upgraded for the length of Condition 18 needs to be updated to reflect the
its frontage to the subject site and extending to the revised layout and staging boundaries as follows:
west to Eumundi Noosa Road. The works must be
undertaken in 18. Hollett Road must be upgraded for the length of its
accordance with an Operational Works approval for frontage to the subject site and extending to the west
the relevant stage and must include in particular: to Eumundi Noosa Road. The works must be
(a) Stage 1 - that part of Hollett Road extending from undertaken in
the prolongation of the eastern boundary of Lot 9 to accordance with an Operational Works approval for
the existing formation of Hollett Road at a point the relevant stage and must include in particular:
approximately 100 metres from Eumundi Noosa Road (a) Stage 1 - that part of Hollett Road extending from
must be: the prolongation of the eastern boundary of Lot 2 9 to
(i) Designed and constructed with a 7 metre wide the existing formation of Hollett Road at a point
kerb to kerb formation (flush kerb may be used approximately 100 metres from Eumundi Noosa Road
where applicable); must be:
(ii) Constructed such that it is immune from flooding (i) Designed and constructed with a 7 metre wide kerb
during a peak 10 year ARI event and has maximum to kerb formation (flush kerb may be used where
depth of inundation of 250 mm and DV < 0.6 during a applicable);
peak 100 year ARI flood event. Crossings shall be (ii) Constructed such that it is immune from flooding
constructed such that there are no offsite flood during a peak 10 year ARI event and has maximum
impacts on land not owned by Council. Further, the depth of inundation of 250 mm and DV < 0.6 during a
road crossings shall be constructed such that they do peak 100 year ARI flood event. Crossings shall be
not change the standing water level within the land constructed such that there are no offsite flood impacts
upstream of the road; on land not owned by Council. Further, the road
JFP Ref: M1775 Page 6
Page 7
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION (iii) Aligned generally along the centreline of the crossings shall be constructed such that they do not existing track and varied where necessary to preserve change the standing water level within the land existing significant vegetation; upstream of the road; (iv) A temporary turnaround facility must be (iii) Aligned generally along the centreline of the constructed adjacent to the eastern boundary of Lot existing track and varied where necessary to preserve 9. The temporary turnaround facility must be in existing significant vegetation; accordance with an Operational Works approval and (iv) A temporary turnaround facility must be must be of sufficient size to accommodate the 3- constructed adjacent to the western eastern boundary point turn manoeuvre of a Waste Collection Vehicle of Lot 17 9. The temporary turnaround facility must be (WCV); in accordance with an Operational Works approval and (v) Intersections with the proposed internal road; must be of sufficient size to accommodate the 3-point (vi) Installation of street lighting at the intersections turn manoeuvre of a Waste Collection Vehicle (WCV); and elsewhere as required; and (v) Intersections with the proposed internal road; (vii) Connection to and reinstatement of the existing (vi) Installation of street lighting at the intersections property accesses along Hollett Road. and elsewhere as required; and These works must be completed prior to the sealing (vii) Connection to and reinstatement of the existing of the Survey Plan for Stage 1. property accesses along Hollett Road. (b) Stage 2 - that part of Hollett Road extending from These works must be completed prior to the sealing of the prolongation of the eastern boundary of Lot 9 to the Survey Plan for Stage 1. the eastern boundary of Lot 49 shall be: (b) Stage 2 - that part of Hollett Road extending from (i) Designed and constructed with a 7 metre wide the prolongation of the eastern boundary of Lot 2 9 to kerb to kerb formation (flush kerb can be used where the eastern boundary of Lot 6 49 shall be: applicable); (i) Designed and constructed with a 7 metre wide kerb (ii) Constructed such that it is immune from flooding to kerb formation (flush kerb can be used where during a peak 10 year ARI event and has maximum applicable); depth of inundation of 250 mm and DV < 0.6 during a (ii) Constructed such that it is immune from flooding peak 100 year ARI flood event. Crossings shall be during a peak 10 year ARI event and has maximum constructed such that there are no offsite flood depth of inundation of 250 mm and DV < 0.6 during a impacts on land not owned by Council. Further, the peak 100 year ARI flood event. Crossings shall be road crossings shall be constructed such that they do constructed such that there are no offsite flood impacts not change the standing water level within the land on land not owned by Council. Further, the road upstream of the road; crossings shall be constructed such that they do not (iii) Aligned generally along the centreline of the change the standing water level within the land existing track and varied where necessary to preserve upstream of the road; existing significant vegetation; (iii) Aligned generally along the centreline of the (iv) Remove the temporary turnaround area adjacent existing track and varied where necessary to preserve to Lot 9; existing significant vegetation; (v) A temporary turnaround facility must be (iv) Remove the temporary turnaround area adjacent constructed adjacent to the eastern boundary of Lot to Lot 17 9; 49. The temporary turnaround facility must be in (v) A temporary turnaround facility must be accordance with an Operational Works approval and constructed adjacent to the southern eastern boundary must be of sufficient size to accommodate the 3- of Lot 6 49. The temporary turnaround facility must be point turn manoeuvre of a Waste Collection Vehicle in accordance with an Operational Works approval and (WCV); must be of sufficient size to accommodate the 3-point (vi) Intersections with the proposed internal road; turn manoeuvre of a Waste Collection Vehicle (WCV); and (vi) Intersections with the proposed internal road; and (vii) Installation of street lighting at the intersections (vii) Installation of street lighting at the intersections and elsewhere as required. and elsewhere as required. These works must be completed prior to the sealing These works must be completed prior to the sealing of JFP Ref: M1775 Page 7
Page 8
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION of the Survey Plan for Stage 2. the Survey Plan for Stage 2. (c) Stage 4 - that part of Hollett Road extending from (c) Stage 3 4 - that part of Hollett Road extending from the cul-de-sac turnaround area adjacent to Lot 49 to the cul-de-sac turnaround area adjacent to Lot 6 49 to the eastern side of the Walter Hay Drive culvert shall the eastern side of the Walter Hay Drive culvert shall be: be: (i) Designed and constructed with a 4 metre wide (i) Designed and constructed with a 4 metre wide sealed surface on a 4 metre wide formation; sealed surface on a 4 metre wide formation; (ii) Include a single passing bay on the eastern side of (ii) Include a single passing bay on the eastern side of Walter Hay Drive underpass and a "Give Way" sign, Walter Hay Drive underpass and a "Give Way" sign, and elsewhere where site lines are obstructed; and elsewhere where site lines are obstructed; (iii) That part of Hollett Road extending from the (iii) That part of Hollett Road extending from the eastern side of the culvert for Walter Hay Drive to the eastern side of the culvert for Walter Hay Drive to the existing access track within Lot 52 shall be designed existing access track within Lot 40 52 shall be designed and constructed with a 4 metre wide gravel surface and constructed with a 4 metre wide gravel surface formation; and formation; and (iv) The temporary turnaround adjacent to the (iv) The temporary turnaround adjacent to the eastern eastern boundary of Lot 49 must be sealed. boundary of Lot 6 49 must be sealed. 23. New roads as shown on the Approved Plans must Condition 23 needs to be updated to reflect the be constructed. The works must be undertaken in revised layout and staging boundaries as follows: accordance with an Operational Works approval and must include in particular: 23. New roads as shown on the Approved Plans must (a) Stage 1: be constructed. The works must be undertaken in (i) 6 metre wide kerb to kerb formation within a 20 accordance with an Operational Works approval and metre wide road reserve; must include in particular: (ii) sealing, kerbing and channelling (flush kerb may (a) Stage 1: be used where applicable); (i) 6 metre wide kerb to kerb formation within a 20 (iii) a cul-de-sac turnaround area with a minimum 9 metre wide road reserve; metre radius and minimum 4 metre wide verge at any (ii) sealing, kerbing and channelling (flush kerb may be point on the turning circle; and used where applicable); (iv) installation of street lighting where necessary. (iii) a cul-de-sac turnaround area with a minimum 9 These works must be completed prior to the sealing metre radius and minimum 4 metre wide verge at any of the Survey Plan for Stage 1. point on the turning circle; and (b) Stage 2: (iv) installation of street lighting where necessary. (i) 6 metre wide kerb to kerb formation within a 20 These works must be completed prior to the sealing of metre wide road reserve; the Survey Plan for Stage 1. (ii) a cul-de-sac turnaround area with a minimum 9 (b) Stage 2: metre radius and a minimum 4 metre wide verge at (i) 6 metre wide kerb to kerb formation within a 20 any point on the turning circle metre wide road reserve; (iii) sealing, kerbing and channelling (flush kerb may (ii) a cul-de-sac turnaround area with a minimum 9 be used where applicable); metre radius and a minimum 4 metre wide verge at (iv) a temporary turnaround facility must be any point on the turning circle constructed adjacent to the to the northern boundary (iii) sealing, kerbing and channelling (flush kerb may be of Lot 38;. The temporary turnaround facility must be used where applicable); in accordance with an Operational Works approval (iv) a temporary turnaround facility must be and must be of sufficient size to accommodate the 3- constructed adjacent to the to the northern boundary point turn manoeuvre of a Waste Collection Vehicle of Lot 17. Lot 38;. The temporary turnaround facility WCV); and must be in accordance with an Operational Works (v) installation of street lighting where necessary. approval and must be of sufficient size to JFP Ref: M1775 Page 8
Page 9
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
These works must be completed prior to the sealing accommodate the 3-point turn manoeuvre of a Waste
of the Survey Plan for Stage 2. Collection Vehicle WCV); and
(c) Stage 3: (v) installation of street lighting where necessary.
(i) All roads - 6 metre wide kerb to kerb formationThese works must be completed prior to the sealing of
within a 20 metre wide road reserve; the Survey Plan for Stage 2.
(ii) cul-de-sac turnaround areas with a minimum 9 (c) Stage 3:
metre radius and a minimum 4 metre wide verge at (i) All roads - 6 metre wide kerb to kerb formation
any point on the turning circle; and within a 20 metre wide road reserve;
(iii) installation of street lighting where necessary.
(ii) cul-de-sac turnaround areas with a minimum 9
metre radius and a minimum 4 metre wide verge at
These works must be completed prior to the sealing any point on the turning circle; and
of the Survey Plan for Stage 3. (iii) installation of street lighting where necessary.
These works must be completed prior to the sealing of
the Survey Plan for Stage 3.
Access Easement
24. The access driveway within the access easement Condition 24 needs to be updated to reflect the
within Lot 52 as shown on the Approved Plans must revised layout and staging boundaries as follows:
be constructed. The works must be undertaken in
accordance with an Operational Works approval and 24. The access driveway within the access easement
must be: within Lot 40 52 as shown on the Approved Plans must
(a) Aligned generally along the centreline of the be constructed. The works must be undertaken in
existing track and varied where necessary to preserve accordance with an Operational Works approval and
existing significant vegetation; must be:
(b) Constructed with a 4 metre wide gravel formation, (a) Aligned generally along the centreline of the
and existing track and varied where necessary to preserve
(c) Include passing bays where sight lines are existing significant vegetation;
obstructed (b) Constructed with a 4 metre wide gravel formation,
These works must be completed prior to the sealing and
of the Survey Plan for Stage 4. (c) Include passing bays where sight lines are
obstructed
These works must be completed prior to the sealing of
the Survey Plan for Stage 3 Stage 4.
Pedestrian and Bicycle Facilities
25. The developer must construct a minimum 2.5m Condition 25 needs to be updated to reflect the
wide concrete path on a 4m wide formation along the revised layout as follows:
proposed fire trail to the north of Lots 14 and 16
boundaries. The works must be undertaken in 25. The developer must construct a minimum 2.5m
accordance with an Operational Works approval and wide concrete path on a 4m wide formation along the
must: proposed fire trail to the north of Lots 36 to 39 14 and
(a) Be of sufficient dimensions and structural integrity 16 boundaries. The works must be undertaken in
to cater for use by emergency vehicles, accordance with an Operational Works approval and
(b) Be designed and constructed to ensure must:
pedestrian safety using non-slip materials, to produce (a) Be of sufficient dimensions and structural integrity
an evenly graded surface finish and to be in to cater for use by emergency vehicles,
accordance with the Disability Discrimination Act (b) Be designed and constructed to ensure pedestrian
1992 and Australian Standard 1428.1 Design for safety using non-slip materials, to produce an evenly
Access & Mobility graded surface finish and to be in accordance with the
JFP Ref: M1775 Page 9
Page 10
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
(c) Include suitable gates or removable bollards to Disability Discrimination Act 1992 and Australian
prevent unauthorised vehicle use Standard 1428.1 Design for Access & Mobility
(d) Pram ramps must be installed wherever needed to (c) Include suitable gates or removable bollards to
direct pedestrians across roads. prevent unauthorised vehicle use
(d) Pram ramps must be installed wherever needed to
direct pedestrians across roads.
26. The developer must construct a 3 metre wide Condition 26 will require update based on the revised
sealed path within Walter Hay Drive connecting the layout and staging boundaries as follows:
path from the north boundaries of Lots 14 and 16 to
the path on the western side of the existing bridge 26. The developer must construct a 3 metre wide
crossing Eenie Creek. The works must be undertaken sealed path within Walter Hay Drive connecting the
in accordance with an Operational Works approval path from the north boundaries of Lots 36 to 39 14 and
and must: 16 to the path on the western side of the existing
(a) Include suitable pedestrian/cyclist safety features bridge crossing Eenie Creek. The works must be
at the Walter Hay Drive boundary and within Walter undertaken in accordance with an Operational Works
Hay Drive; and approval and must:
(b) The sealed path must be aligned to preserve (a) Include suitable pedestrian/cyclist safety features at
existing significant vegetation identified onsite with the Walter Hay Drive boundary and within Walter Hay
Council's Ecologist. Drive; and
(b) The sealed path must be aligned to preserve
existing significant vegetation identified onsite with
Council's Ecologist.
27. The developer must construct a minimum 2.5 Condition 27 needs to be updated to reflect the
metre wide informal path extending from the revised layout as follows:
northern end of the new (opposite Lot 28) along the
existing electrical easement to the south western 27. The developer must construct a minimum 2.5 metre
corner of Lot 54 SP163309. The works must be wide informal path extending from the northern end of
undertaken in accordance with an Operational Works the new (opposite Lot 27 28) along the existing
approval and must: electrical easement to the south western corner of Lot
(a) Be of sufficient dimensions and integrity to cater 54 SP163309. The works must be undertaken in
for use by emergency vehicles; accordance with an Operational Works approval and
(b) Be designed and constructed to ensure pedestrian must:
safety, to produce an evenly graded surface (a) Be of sufficient dimensions and integrity to cater for
constructed of 'deco' material to the satisfaction of use by emergency vehicles;
Council; (b) Be designed and constructed to ensure pedestrian
(c) Include suitable gates or removable bollards to safety, to produce an evenly graded surface
prevent unauthorised vehicle use; and constructed of 'deco' material to the satisfaction of
(d) Pram ramps shall be installed wherever needed to Council;
direct pedestrians across roads. (c) Include suitable gates or removable bollards to
prevent unauthorised vehicle use; and
(d) Pram ramps shall be installed wherever needed to
direct pedestrians across roads.
29. Directional signage for pedestrians and cyclists Condition 29 needs to be updated to reflect the
must be provided throughout the subdivision to revised layout as follows:
direct cyclist/ pedestrians to Aspera Place and Walter
Hay Drive. The signage must be approved by Council 29. Directional signage for pedestrians and cyclists
and installed prior to sealing of the plans of Stages 1 must be provided throughout the subdivision to direct
and 3 respectively. cyclist/ pedestrians to Aspera Place and Walter Hay
JFP Ref: M1775 Page 10
Page 11
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
Drive. The signage must be approved by Council and
installed prior to sealing of the plans of Stages 1 and 2
3 respectively.
42. A permanent fence(s) must be constructed along Condition 42 needs to be updated to reflect the
the entire length of the common boundary of Lots 3 revised layout as follows:
to 11 inclusive, Lots 13, 14, 16, 51 and 52, with the
adjacent Reserves for Environmental Purposes, 42. A permanent fence(s) must be constructed along
Reserve for Drainage and the Reserve for Park and the entire length of the common boundary of Lots 1 3
the common boundary of Hollett Road with the to 5 11 inclusive, Lots 13, 36 to 39 and 40 14, 16, 51
Reserves for Park between Lots 9 and 10 and east of and 52, with the adjacent Reserves for Environmental
lot 52 The fences must be constructed in accordance Purposes, Reserve for Drainage and the Reserve for
with an Operational Works Approval and must be to Park and the common boundary of Hollett Road with
the following specifications:- the Reserves for Park between Lots 2 9 and 3 10 and
(a) 1.2 metres high; except where the acoustic fence east of lot 52 The fences must be constructed in
is located to the rear of Lots 16, 20, 21 and 22 - refer accordance with an Operational Works Approval and
to the acoustic requirements condition(s); must be to the following specifications:-
(b) Dog proof except for those Reserves for (a) 1.2 metres high; except where the acoustic fence is
Environmental Purposes adjacent to Lots 51 and 52 located to the rear of Lots 33, 34, 35 and 39 16, 20, 21
where a 4 strand plain (fencing standard) wire fence and 22 - refer to the acoustic requirements
will suffice; and condition(s);
(c) Provision of three lockable gates located adjacent (b) Dog proof except for those Reserves for
to Lots 4 and 10 and at the junction of Energex Environmental Purposes adjacent to Lots 40 51 and 52
easements EMT "B" RP177295 and EMT "C" where a 4 strand plain (fencing standard) wire fence
RP177294. will suffice; and
(c) Provision of three lockable gates located adjacent to
Lots 2 4 and 3 10 and at the junction of Energex
easements EMT "B" RP177295 and EMT "C" RP177294.
Weed management
43. The lands dedicated to the Crown as Reserve(s) Condition 43 needs to be updated to reflect the
for Environmental Purposes, Drainage, Open Space revised layout as follows:
and for Park plus the balance of the site i.e. Lots 1 to
52 inclusive, must be, at the time of plan sealing, free 43. The lands dedicated to the Crown as Reserve(s) for
of those weed species listed as follows: Environmental Purposes, Drainage, Open Space and for
(a) Declared plants class 1, 2 and 3 under the Land Park plus the balance of the site i.e. Lots 1 to 52 Lots 1
Protection (Pest and Stock Route Management) Act to 40 inclusive, must be, at the time of plan sealing,
2002 and subordinate Regulation 2003; and free of those weed species listed as follows:
(b) The Australian Government Alert List for (a) Declared plants class 1, 2 and 3 under the Land
Environmental Weeds. Protection (Pest and Stock Route Management) Act
2002 and subordinate Regulation 2003; and
(b) The Australian Government Alert List for
Environmental Weeds.
Revegetation and Vegetation offsets
44. Provide revegetation/rehabilitation plantings Condition 44 needs to be updated to reflect the
generally within those existing cleared areas north of revised layout as follows:
Lot 4 and between Lots 9 and 10 to offset clearing
associated with the realignment and widening of 44. Provide revegetation/rehabilitation plantings
Hollett Road to a maximum area of 5000 square generally within those existing cleared areas north of
metres. The offset revegetation/rehabilitation areas Lot 4 north-east of Lot 2 and between Lots 2 and 3 9
JFP Ref: M1775 Page 11
Page 12
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
can be implemented via the use of "live topsoil" won and 10 to offset clearing associated with the
from road clearing works or via direct revegetation realignment and widening of Hollett Road to a
plantings or a combination of both techniques. These maximum area of 5000 square metres. The offset
rehabilitation areas are to incorporate ground habitat revegetation/rehabilitation areas can be implemented
comprising of hollow logs, logs and large rocks won via the use of "live topsoil" won from road clearing
from clearing and site earthworks. works or via direct revegetation plantings or a
combination of both techniques. These rehabilitation
areas are to incorporate ground habitat comprising of
hollow logs, logs and large rocks won from clearing and
site earthworks.
Fauna protection
46. A koala exclusion fence must be constructed to Condition 46 needs to be updated to reflect the
Council standards and positioned along the entire revised layout as follows:
common boundary of Walter Hay Drive with the
following: Lots 50, 51 and 52, the Reserves for 46. A koala exclusion fence must be constructed to
Environmental Purposes on Eenie Creek and the Council standards and positioned along the entire
reserve for Park (adjacent to Lots 16, 20, 21 and 22). common boundary of Walter Hay Drive with the
This fence must incorporate koala exclusion gates at following: Lots 50, 51 and 52, Lots 32 and 40, the
the two emergency accesses onto Walter Hay Drive. Reserves for Environmental Purposes on Eenie Creek
The details of the fence and gates must be submitted and the reserve for Park (adjacent to Lots 33, 34, 35
as part of an Operational Works application. and 39 16, 20, 21 and 22). This fence must incorporate
koala exclusion gates at the two emergency accesses
onto Walter Hay Drive. The details of the fence and
gates must be submitted as part of an Operational
Works application.
47. Traffic calming devices must be provided on Condition 47 needs to be updated to reflect the
Hollett Road between Lots 9 and 10. The works must revised layout as follows:
be undertaken in accordance with an Operational
Works approval. 47. Traffic calming devices must be provided on Hollett
Road between Lots 2 9 and 3 10. The works must be
undertaken in accordance with an Operational Works
approval.
50. An arboreal fauna crossing must be provided in Condition 50 needs to be updated to reflect the
the form of a rope bridge on Hollett Road adjacent to revised layout as follows:
Lot 10.
50. An arboreal fauna crossing must be provided in the
form of a rope bridge on Hollett Road adjacent to Lot
10 3.
51. Two koala (road) signs must be provided on Condition 51 needs to be updated to reflect the
Hollett Road, one in the vicinity of Lot 9 and the other revised layout as follows:
on Hollett Road (when upgraded) near Goldburg
Court. 51. Two koala (road) signs must be provided on Hollett
Road, one in the vicinity of Lot 2 9 and the other on
Hollett Road (when upgraded) near Goldburg Court.
Bushfire Management
57. Trafficable standard (for 4x4 vehicles) bushfire Condition 57 needs to be updated to reflect the
access tracks must be provided within the fire trails revised layout as follows:
and fire access corridors as identified on the
JFP Ref: M1775 Page 12
Page 13
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
approved plans (as amended) and in addition within 57. Trafficable standard (for 4x4 vehicles) bushfire
the existing farm track located within the "Park" access tracks must be provided within the fire trails and
located approximately west, of Lot 38. fire access corridors as identified on the approved plans
(as amended) and in addition within the existing farm
track located within the "Park" located approximately
west, of Lot 17 38.
58. The proposal plans must be amended to relocate Condition 58 has been appropriately achieved on the
the fire access corridors from Lots 22, 23, 34, 35, 41, revised plan of development. Therefore, it is
42 and 49 to within Lot 50 adjacent to the western considered that this condition should be deleted.
and northern boundaries.
59. A 6 metre wide easement for emergency access Condition 59 needs to be updated to reflect the
and fire fighting purposes must be registered against revised layout as follows:
the title of Lot 50 in favour of Council and Emergency
Services over the fire trail on the subject land (Lot 59. A 6 metre wide easement for emergency access
50). The easement must be granted at no cost to and fire fighting purposes must be registered against
Council and the wording of the easement the title of Lot 32 50 in favour of Council and
documentation must be to the satisfaction of Council. Emergency Services over the fire trail on the subject
land (Lot 32 50). The easement must be granted at no
cost to Council and the wording of the easement
documentation must be to the satisfaction of Council.
Vegetation Covenants
63. A vegetation protection covenant must be Condition 63 needs to be updated to reflect the
registered against the titles of Lots 50, 51 and 52 over revised layout as follows:
the land areas identified as Areas A5, B2, A6 and B3
as identified on the Department of Natural Resources 63. A vegetation protection covenant must be
and Mines (DNRM) RARP - Plan Map Reference registered against the titles of Lots 32 and 40 50, 51
2008/008142 dated 12 December 2012 and identified and 52 over the land areas identified as Areas A5, B2,
on the approved plans (as amended), pursuant to A6 and B3 as identified on the Department of Natural
Section 97A of the Land Title Act 1994. The covenant Resources and Mines (DNRM) RARP - Plan Map
document and a survey plan must be submitted to Reference 2008/008142 dated 12 December 2012 and
Council for endorsement prior to lodgement with the identified on the approved plans (as amended),
relevant titles authority for registration of title. The pursuant to Section 97A of the Land Title Act 1994. The
covenant document must: covenant document and a survey plan must be
(a) Incorporate the requirements of this Decision submitted to Council for endorsement prior to
Notice (including the DNRM Referral Agency lodgement with the relevant titles authority for
conditions); registration of title. The covenant document must:
(b) Include Sunshine Coast Regional Council as (a) Incorporate the requirements of this Decision Notice
Covenantee; (including the DNRM Referral Agency conditions);
(c) Reference Queensland Land Title Registry (b) Include Sunshine Coast Regional Council as
Standard Terms Document No. 713966030; and Covenantee;
(d) Reference that obligations of the covenant must (c) Reference Queensland Land Title Registry Standard
be complied with by the applicant and all successors Terms Document No. 713966030; and
in title. (d) Reference that obligations of the covenant must be
complied with by the applicant and all successors in
title.
Street Tree Plantings
67. The following tree species (or other species Condition 67 needs to be updated to reflect the
acceptable to council) are to be planted within the revised layout as follows:
JFP Ref: M1775 Page 13
Page 14
CURRENT CONDITION COMMENT / REQUIRED CHANGE TO CONDITION
street network at 8 metre intervals:
(a) Lots 1 to 3 inclusive and 7 to 11 - Melaleuca 67. The following tree species (or other species
quinquenervia; acceptable to council) are to be planted within the
(b) Lots 4 to 6 inclusive, Lots 12 and 13 and Lots 21 to street network at 8 metre intervals:
50 inclusive – Banksia integrifolia; (a) Lots 1 to 3 inclusive and 7 to 11 - Melaleuca
(c) Lots 14, 15, 17, 18 and 19 - Melaleuca quinquenervia;
quinquenervia; (b) Lots 4 to 6 inclusive, Lots 4 and 5 12 and 13 and
(d) The "Park" opposite Lots 37 to 39, 44 and 45 and Lots 6 to 35 21 to 50 inclusive – Banksia integrifolia;
28 to 31 – Eucalyptus racemosa; and (c) Lots 36, 37, 38 and 39 14, 15, 17, 18 and 19 -
(e) The "Park" opposite Lots 31 to 33, 36 and 37 and Melaleuca quinquenervia;
14, 15, 17 to 19 - Melaleuca salignus. (d) The "Park" opposite Lots 16 to 18 37 to 39, 10 and
11 44 and 45 and 25 to 27 28 to 31 – Eucalyptus
racemosa; and
(e) The "Park" opposite Lots 22 to 24 31 to 33, 18 and
19 36 and 37 and 14, 15, 17 to 19 - Melaleuca salignus.
75. A stormwater quality treatment system must be Condition 75 needs to be updated to reflect the
provided for the development. The works must be revised layout as follows:
undertaken in accordance with an Operational Works
approval and the latest version of the Water Sensitive 75. A stormwater quality treatment system must be
Urban Design Technical Design Guidelines for South provided for the development. The works must be
East Queensland and the Water by Design undertaken in accordance with an Operational Works
Bioretention Technical design Guidelines, and must approval and the latest version of the Water Sensitive
include in particular: Urban Design Technical Design Guidelines for South
(a) Swales and bioretention swales which: East Queensland and the Water by Design Bioretention
(i) must in accordance with the detailed Integrated Technical design Guidelines, and must include in
Water Management Plan; particular:
(ii) Stormwater from Lot 4 to 13 must be treated in (a) Swales and bioretention swales which:
swales / bioretention swales located within the (i) must in accordance with the detailed Integrated
allotment; Water Management Plan;
(iii) Stormwater from Lot 50 to 52 does not require (ii) Stormwater from Lots 1 to 5 4 to 13 must be treated
treatment and must not be included in the MUSIC in swales / bioretention swales located within the
model; allotment;
(iv) Stormwater from Lots 1 to 3 and 14 to 49 must be (iii) Stormwater from Lots 32 and 40 50 to 52 does not
treated in swales / bioretention swales located require treatment and must not be included in the
within road reserve areas; MUSIC model;
(v) Bioretention swales must have a minimum base (iv) Stormwater from Lots 1 to 2 3 and 9 to 39 14 to 49
width of 1.0 metre; must be treated in swales / bioretention swales
(vi) The use of any retaining walls within the road located within road reserve areas;
reserve must be avoided; (v) Bioretention swales must have a minimum base
(vii) If stormwater quality treatment devices width of 1.0 metre;
(bioretention swales / swales) are located along the (vi) The use of any retaining walls within the road
full frontage of a lot then the driveway to the lot must reserve must be avoided;
be constructed as part of the operational works; and (vii) If stormwater quality treatment devices
(viii) All bioretention swales must be provided with a (bioretention swales / swales) are located along the full
free-draining outlet from the sub-soil drainage frontage of a lot then the driveway to the lot must be
system. constructed as part of the operational works; and
(viii) All bioretention swales must be provided with a
free-draining outlet from the sub-soil drainage system.
JFP Ref: M1775 Page 14
Page 15
3.0 ASSESSMENT AGAINST PROVISIONS OF PLANNING ACT 2016
3.1 Minor Change
1. Further to the provisions of s78 (1) of the PA 2016, and in accordance with Schedule 2 of the PA 2016, it is
recognised that a “minor change” is defined as follows:
minor change means a change that—
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made
when the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were
no referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency to assess the application against, or have regard to,
matters prescribed by regulation under section 55(2), other than matters
the referral agency must have assessed the application against, or have
had regard to, when the application was made; or
(E) public notification if public notification was not required for the
development application.
2. With regard to the above, we consider that the proposed changes constitute a “minor change”. In this
regard, the following comments are provided:
3.1.1 Assessment of Substantially Different Development
3. As noted above, a minor change must not result in “substantially different development”. Schedule 1:
Substantially different development of the Development Assessment Rules (Version 1.1 dated 11 August
2017) provides guidance on determining if a proposed change to a development approval results in a
substantially different development.
4. Although it depends on the individual circumstances of the development, the Development Assessment
Rules provides a list of changes that may result in substantially different development. These criteria are
provided below, along with an assessment of how the proposal meets each requirement.
a) The proposed changes do not involve a new use.
5. Comment: The application is for reconfiguring a lot and does not involve a new use. The proposed
reconfiguration layout reduces the approved development footprint. The proposed amended development
is therefore not anticipated as having different or additional impacts to those which have previously been
assessed and determined as appropriate.
JFP Ref: M1775 Page 15
Page 16
b) The proposed changes do not result in the application applying to a new parcel of land.
6. Comment: The proposed minor change applies to the same parcel of land as the current development
approval.
c) The proposed changes do not dramatically change the built form in terms of scale, bulk and appearance.
7. Comment: The changes to the proposed reconfiguration plan are minor and do not involve a dramatic
change to built form. The proposed changes result in a reduced development footprint due to the
dedication of an additional 6.7 hectares of parkland.
d) The proposed changes do not change the ability of the proposal to operate as intended.
8. Comment: The proposed changes will not affect the ability of the proposal to operate as intended i.e. as a
rural residential subdivision.
e) The proposed changes do not remove a component that is integral to the operation of the development.
9. Comment: The proposed changes do not seek to remove any components that are integral to the
operation of the development.
f) The proposed changes do not significantly impact on traffic flow and the transport network, such as
increasing traffic to the site.
10. Comment: As demonstrated in the response to point a) above, the proposed changes involve a reduction in
the number of lots and will not result in increased impacts on traffic flow or the existing road network.
g) The proposed changes do not introduce new impacts or increase the severity of known impacts.
11. 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. Refer to the assessment
reports prepared in relation to ecology (Appendix C), bushfire hazard (Appendix D) and agricultural land
(Appendix B) for details.
h) The proposed changes do not remove an incentive or offset component that would have balanced a negative
impact of the development.
12. Comment: The proposed changes do not remove any incentive or offset component that was considered
under the existing development approval. The proposed changes provide additional ecological and
community benefits through the dedication of an additional 6.687 hectares as parkland resulting in a total
dedication of over 59 hectares.
JFP Ref: M1775 Page 16
Page 17
i) The proposed changes do not impact on infrastructure provision, location or demand.
13. Comment: Given that the proposal results in fewer lots, the proposed changes are not expected to impact
on infrastructure provision or demand.
3.1.2 Other Criteria under the Definition of Minor Change
14. As noted in paragraph 3.1, Schedule 2 of the PA 2016 contains the definition of a “minor change”. The
second part of the definition is reproduced below:
minor change means a change that—
(b) for a development approval—
(ii) if a development application for the development, including the change, were made when
the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral agency
must have assessed the application against, or have had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
15. Our comments follow. If the application for the proposal were remade, including the change, the change
does not cause:-
(A) the inclusion of prohibited development in the circumstances. The Explanatory Notes to the
Planning Bill 2015 confirm that:
The clause does not prevent a change being made simply because a change to a planning
instrument or law would now require the development application as it was originally made to
include prohibited development, additional referral or public notification.
(B) Paragraph (b)(ii)(B) above does not apply, as there were referral agencies for the original
application.
(C) Referral to extra referral agencies; and
(D) A referral agency to consider additional matters.
(E) Public notification, given that public notification was not required for the development
application as originally made. The level of assessment under the current Noosa Plan 2006
would require public notification. The change itself does not trigger a change to the level of
assessment. As noted above, the Explanatory Notes to the Planning Bill 2015 confirm that a
change which is otherwise minor is not excluded from being so merely because there has been
JFP Ref: M1775 Page 17
Page 18
a change to the legislation or a planning instrument, which has the effect that the application as
originally made would now require public notification.
16. On the basis of the above, this application meets the definition of a minor change.
3.1.3 Assessment of the Minor Change
17. The requirements for the assessment of a minor change application are set out in section 81 of the PA
2016. Our response to the relevant matters that Council must consider is provided below:
(2) In assessing the change application, the responsible entity must consider—
(a) the information the applicant included with the application; and
JFP comment
18. Refer information above and application form.
(b) if the responsible entity is the assessment manager—any properly made submissions about the development
application or another change application that was approved; and
JFP comment
19. The original application was code assessable and therefore there were no submissions.
(c) any pre-request response notice or response notice given in relation to the change application; and
JFP comment
20. No pre-request notice or response has been requested or given.
(d) if the responsible entity is, under section 78A(3), the Minister—all matters the Minister would or may assess
against or have regard to, if the change application were a development application called in by the Minister; and
JFP comment
21. The responsible entity is not the Minister.
(da) if paragraph (d) does not apply—all matters the responsible entity would or may assess against or have
regard to, if the change application were a development application; and
JFP comment
22. It is noted that, under section 81(4) of PA2016, Council must consider those statutory instruments or
documents in effect at the time the original development application was made. Please refer to our
assessment in sections 4.0 and 5.0 of this report.
JFP Ref: M1775 Page 18
Page 19
23. Pursuant to section 81(5) of the PA2016, Council may also give the weight it considers appropriate to the
statutory instruments and documents that applied when or after the change application was made. Please
refer to our assessment in sections 4.0 and 5.0 of this report.
24. In this regard, we consider that the approved development is generally consistent with current laws and
policies and the existing approval conditions give effect to the tenor of current laws and policies. The
proposed changes to the layout result in a proposal that better responds to the current assessment
benchmarks.
(e) another matter that the responsible entity considers relevant.
JFP comment
25. It is considered that the following matters are relevant to Council’s consideration and approval of the
minor change application:
a) The existing approval includes comprehensive conditions which are generally consistent with current laws
and policies and will ensure maintenance and enhancement of ecological and amenity outcomes;
b) the applicants have expended considerable money over time in obtaining the development approval and
unfortunately Mr Hofmann’s poor health has delayed the applicants’ ability to carry out the approved
development;
c) the land was originally identified as generally suitable for the type of development proposed. As part of
that approval, it was required to provide a not insignificant contribution of public benefit with respect to
the road network, for which Council received the benefit of the Walter Hay Drive road dedication without
paying any compensation. Properly understood, the approved development (including conditions of
approval) the subject of the minor change application is generally consistent with earlier development
proposals. The proposed change is a notable improvement on the existing approved layout in terms of
ecological outcomes and community benefits;
d) the land is currently designated in the Rural zone, but has no utility for sustainable rural uses due to
matters including lot fragmentation and poor soils. Please refer to the agricultural land assessment in
Appendix B;
e) the land adjoins areas designated for Rural Residential and detached dwellings, and is in close proximity to
areas designated for Industry and Shire Business Centre. The current Planning Scheme designates other
land outside the Urban Growth Boundary for similar types of development, given that no areas of Rural
Settlement are shown within the Urban Growth Boundary mapping on ZM9;
26. In the circumstances, it is considered that the proposed amendments to the proposal plans are appropriate
and that the proposed change ought to be approved.
JFP Ref: M1775 Page 19
Page 20
4.0 STATE INTERESTS
4.1 Statutory Instruments Applying to the Original Development Application
1. The proposed changes to the proposed development are consistent with the Statutory Instruments that
applied when the original development application was made and which Council must consider. In this
regard, we note the following:
a) The original application was assessed against the statutory instruments applying at the time and
the approval demonstrates that the proposal complied with those State requirements.
b) The proposed changes to the layout reduces the development footprint and provides additional
areas of parkland for conservation and community recreational purposes. As such, the changed
proposal clearly complies with those requirements, which included the SEQ Regional Plan and
State Planning Policies, to the extent that the SPPs had not been appropriately reflected in
Council’s planning scheme. No further assessment is considered necessary.
c) SARA had no objection to the original extension application of the relevant period (currency
period) which is related to but separate from this change request.
4.2 Statutory Instruments applying at the date of the Change application
4.2.1 SEQ Regional Plan – Shaping SEQ
2. The development approval is still a valid approval, the subject of Planning and Environmental Court
appeals, which are yet to be decided. The proposed development is entirely appropriate given the long
held expectations for rural residential development of the site as evidenced by a lengthy approval history
which includes rezoning and reconfiguration approvals.
4.2.2 State Planning Policy
3. The proposed minor change to the layout is consistent with the applicable State Interests under the
current State Planning Policy 2017:
State Interest Comment
AGRICULTURE
The SPP mapping does not outline the site as containing an
Agricultural land classification. Refer to the agricultural land
assessment prepared by RPS Pty Ltd (incorporating LRAM Pty Ltd) in
Appendix B.
BIODIVERSITY Please refer to Ecological Assessment undertaken by Cardno –
Appendix C.
COASTAL ENVIRONMENT The layout has been designed to ensure coastal processes are
protected by:
JFP Ref: M1775 Page 20
Page 21
State Interest Comment
Minimising the extent of the rural residential footprint;
Conserving the natural state of landforms, wetlands and
native vegetation in the coastal management district.
NATURAL HAZARD, RISK AND RESILIENCE Please refer to Bushfire Assessment undertaken by The Consultancy
Bureau Pty Ltd within Appendix D.
No development is situated within the Erosion Prone Area, Storm
Inundation Area or Flood Prone land.
The site is not subject to steep land or landslide hazard.
WATER QUALITY The development will implement appropriate stormwater quality
treatment as part of the operational works phase. Bio-retention basins
have been conditioned under the existing approval.
5.0 LOCAL INTERESTS
5.1 ASSESSMENT AGAINST TRANSITIONAL NOOSA PLANNING SCHEME 1997
1. The proposed changes to the proposed development are consistent with the Statutory Instruments that
applied when the original development application was made and which Council must consider. In this
regard:
a) The original development was approved following assessment against, et alia, the Transitional Noosa
Planning Scheme 1997;
b) The proposed changes to the layout result in a reduction of the development footprint and a
corresponding increase in the land to be dedicated to Council for park / conservation purposes. It is
clear that the changed layout complies with the Council’s Transitional planning scheme and no
further assessment is considered necessary. In this regard, see below extract of Council’s Planning
Report recommendation to the Council’s Strategy & Planning Committee meeting on 3rd August
2009 in relation to the original decision:
The application was referred to the Department of Natural Resources & Water (DNR&W) as
Concurrence Agency due to the site containing mapped Regional Ecosystems and a wetland. The
Department found that the application would result in the fragmentation of vegetation
communities and habitats and raised other environmental concerns. As a result, the Department
has directed Council to refuse the application.
The development is largely consistent with the provisions of the approved PoD for the site with only
minor variations proposed to better protect significant vegetation on the site. The application does
raise some planning, engineering and environmental concerns; however, it is considered that these
could be addressed by conditions of approval if necessary. The amendments required to the
JFP Ref: M1775 Page 21
Page 22
development would require some changes to the lot layout but it is considered that Council could
support the proposal, subject to appropriate conditions.
(emphasis added).
5.2 Assessment against Current Noosa Plan 2006
2. The development layout has been revised to further reduce the development footprint to better conform
with the current assessment benchmarks which Council may consider and give weight to in the
circumstances.
3. It is considered that the proposed development generally complies with the applicable assessment
benchmarks under the Noosa Plan 2006, including Council’s relevant DEOs and the strategic and overall
outcomes of the Tewantin and Doonan Locality Plan. Our assessment is provided in Appendix A. Further
assessment is provided by specialist consultants in relation to agricultural land assessment (Appendix B);
Ecological assessment (Appendix C); and bushfire management (Appendix D).
8.0 CONCLUSION
1. The proposed change to the approved plan results in a significant reduction in the development footprint
and yield (from 52 approved lots to 40 lots). It also results in an additional 6.7 hectares of parkland being
dedicated for park and conservation purposes. Additional vegetation protection will be achieved via
vegetation covenants on large rural-residential lots. The change has also increased development setbacks
to riparian corridors in the north of the site.
2. Specialist assessments undertaken by ecology, bushfire and agricultural land consultants demonstrate that
the proposed change appropriately complies with assessment benchmarks and can be supported.
3. The proposed change results in a rural residential development that is predominantly open space in
character, in keeping with the planning intent for the locality and the existing character of the area.
4. The applicant, as part of earlier approvals, provided a not insignificant contribution of public benefit, being
the Walter Hay Drive road dedication, for which Council received the benefit without paying any
compensation. Properly understood, the proposed change is generally consistent with earlier development
proposals and is a notable improvement on the approved layout in terms of ecological outcomes and
community benefits;
5. In addition, significant public interest grounds exist to support the change to the approval including:
a) Significant community benefit will be achieved by way of parkland dedication (over 59 hectares) and
construction of a pedestrian pathway network. Dedication of over half of the site for open space
purposes provides significant public interest benefits over and above the benefits that would be
achieved through the site’s rural zoning. The proposed dedication will facilitate conservation and
recreation opportunities which would not be possible without the approval.
JFP Ref: M1775 Page 22
Page 23
b) Protection of extensive areas of vegetation in perpetuity through parkland dedication and vegetation
covenants;
c) The proposal will provide for additional housing choice in a landscape rural-residential setting in
Noosaville, on a site which is conveniently located to community activity, retail and employment
centres in Noosaville and Tewantin.
In light of the above assessment, the proposed development and its conditions are generally consistent with the
statutory instruments applying at the date of the original application and the date of this change application, and it
is recommended that Council approve the application.
Should you require any further information, please contact our office on (07) 5450 3900.
Yours faithfully,
ALLISON DRABSCH
Senior Urban Planner
JFP URBAN CONSULTANTS PTY LTD
Encl.
Appendix A - Assessment Against the Noosa Plan 2006
Appendix B - Agricultural Assessment prepared by Resource Planning Services – RPS Pty Ltd (incorporating LRAM Pty
Ltd)
Appendix C - Ecological Assessment prepared by Cardno
Appendix D - Bushfire Management Plan prepared by The Consultancy Bureau Pty Ltd
Appendix E – Proposal plans
cc: John & Kathy Hofmann
Hopgood Ganim – R. Lamb
Energex
JFP Ref: M1775 Page 23
Page 24
APPENDICES JFP Ref: M1775 Page 24 [OCR of page images] aaa | Sep) ARRAN URBANCONSULTANTS APPENDICES JFP Ref: M1775 Page 24