Minor Change Council Report 132008.1128.04

132008.1128.04 REQUEST TO CHANGE AN EXISTING APPROVAL FOR Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical 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 Department

Index	ECM Reference/ Application/ 132008.1128.04

Attachments	1. 	Proposal Plans
2. 	Approved Plans (RAC component)

APPLICATION DETAILS
Application No.	132008.1128.04
Development Approval	Development Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and  Development Permit for Reconfiguring a Lot (1 into 2 lots)
Applicant	Blue Care
Request Received On	24 July 2020
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 10 November 2020 regarding Application No. 132008.1128.04 to make a minor change to an existing approval for Development Permit for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical and Development Permit for Reconfiguring a Lot (1 into 2 lots) situated at Grasstree Court, Sunrise Beach and:
A.	Approve the change.
B.	Amend conditions 1, 5, 7, 12, 14, 23, 33, 35, 40, 41 and 81 to read as follows:
PLANNING
General
1.	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	3	Masterplan prepared by Thomson Adsett Architects	15 October 2020
DA_107	4	Staging Plan prepared by Thomson Adsett Architects	15 October 2020
DA_108	3	Precincts Plan prepared by Thomson Adsett Architects	15 October 2020
DA_109	3	Pedestrian Circulation prepared by Thomson Adsett Architects	15 October 2020
DA_110	3	Vehicular Circulation prepared by Thomson Adsett Architects	15 October 2020
DA_111	3	Building Setbacks prepared by Thomson Adsett Architects	15 October 2020
DA_112	3	Landscaping Calculation prepared by Thomson Adsett Architects	15 October 2020
DA_113	3	Site Cover Calculations prepared by Thomson Adsett Architects	15 October 2020
DA_114	3	Masterplan/Parking Layout prepared by Thomson Adsett Architects	15 October 2020
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	2	Area Schedules prepared by Thomson Adsett Architects	15 October 2020
DA_118	6	Residential Aged Care – Ground Floor Plan prepared by Thomson Adsett Architects	15 October 2020
DA_119	5	Residential Aged Care – First Floor Plan prepared by Thomson Adsett Architects	15 October 2020
DA_120	4	Residential Aged Care – Roof Plan prepared by Thomson Adsett Architects	15 October 2020
DA_121	3	Residential Aged Care – N and W Elevations prepared by Thomson Adsett Architects	15 October 2020
DA_122	4	Residential Aged Care – S and E Elevations prepared by Thomson Adsett Architects	15 October 2020
DA_123	3	Residential Aged Care – Typical Sections prepared by Thomson Adsett Architects	15 October 2020
DA_124		Residential Aged Care – Village Site Plan prepared by Smith + Tracey 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_130		Central Facilities & ILAS – S & W elevations	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
Nature and Extent of Approved Use
5.	The approved development comprises the following:
Multiple Housing – Type 3 Retirement & Special Needs (122 independent living units and apartments and 102 aged care beds)
Commercial Business – Type 2 Medical (as indicated on approved plans)
Staging
7.	The development must be staged in accordance with the plan titled ‘Masterplan’ prepared by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3 with the Residential Aged Care Facility provided in the first stage.
LANDSCAPE & ECOLOGY
Flora
12.	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:
12.1	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.
12.2	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.
12.3	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 for each stage must be completed prior to the commencement of the use for each stage.  The Vegetation Clearing Offset program, required by these conditions, must be implemented in a staged manner reflective of the approved staging of the development. To this end separate Vegetation Clearing Offset programs must be developed to reflect the staged delivery of the development, in particular the staged development of lot 6, and the subsequent development of lot 9.
12.4	No clearing is permitted unless in accordance with the approved staged Vegetation Clearing Offset program.
14.	The Vegetation Management operational works application must detail the location and extent and staging 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.
Bushfire
23.	A bushfire evacuation plan for the site must be prepared by a qualified person and submitted to Council prior to the issue of any Development Permit for Operational Works.
CIVIL ENGINEERING
Frontage Works
33.	Pedestrian crossings shall be provided in Grasstree Court generally as shown on ‘Masterplan’ prepared by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3. The crossing shall include linemarking and suitable signage in accordance with the MUTCD.
Vehicle Access
35.	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 Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3.
40.	All internal roads shall be designed and constructed in accordance with Council’s Planning Scheme Policy 5 – Engineering Design Standards – Roads, Drainage and Earthworks. The roads shall be:
40.1	Generally in accordance with drawing number ‘Masterplan’ prepared by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3,
40.2	A minimum width of 5.5 metres, and
40.3	Suitable for Council’s refuse collection vehicle to traverse through the site
Car Parking
41.	Carparking shall be provided within the sites generally as shown on drawings numbered DA_114 “Masterplan/Carpark Layout” Rev. 3 prepared by Thomson Adsett Architects dated 15 October 2020 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.
Storm Water Quality
81.	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.	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.
b.	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:
i.	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.
ii.	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.
iii.	A separate water quality performance bond must be provided prior to the issue of an Operational Works approval for Civil Infrastructure and Stormwater for Stage 1. 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.
C.	Delete condition 21.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval in the form of design changes to the Residential Aged Care building, including the provision of 6 additional beds, and amendment to the staging of the approval.
The applicant advises….The proposed minor change to the RAC involves amending the configuration of the development so that beds are located around central living and service areas for improved functionality and amenity for residents. The revised design also improves infection control within the new facility which is particularly important in light of COVID-19.
The changes are largely kept within the approved building footprint, with only minor amendments to building setbacks. The changes result in additional beds being able to be provided for the community but we note, importantly that there has been no increase in Gross Floor Area (GFA) proposed.
As a consequence of the internal layout changes, modifications to the elevations are also required. This has presented an opportunity to improve the development’s aesthetic…….
The approved development currently comprises three stages, consisting of:
Stage 1: RAC, central facilities, ILAs above the central facilities and 50% of ILUs
Stage 2: Remaining 50% of ILUs
Stage 3: Four buildings for the ILAs.
The proposed changes seek to bring the RAC into Stage 1 and then deliver the approved staging proceeding this. Accordingly, the new staging will consist of:
Stage 1: RAC
Stage 2: Central facilities, ILAs above the central facilities and 50% of ILUs
Stage 3: Remaining 50% of ILUs
Stage 4: Four buildings for the ILAs.

It is proposed that the staging will be delivered in sequential order.

The subject site is detailed in the following Locality Plan:

Figure 1: Subject site
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 of 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 2006.
Blue Care contracted to purchase the land sometime around 2007/08, 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 2006 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).

Figure 2: Noosa Plan Zone Mapping (2008)

Figure 3: Noosa Plan Zone Mapping 2011
On 19 December 2011 an approval was issued for the following:
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.
On 21 March 2019 Council approved minor changes consisting of:
Removal of 2 respite beds from the residential aged care facility;
Deleting 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).
Amending 32 of the ILA and 36 of the ILU layouts to accommodate a third bedroom in comparison to the two bedroom dwelling units which were previously approved. This resulted in an increase of bedrooms from 245 to 312 bedrooms.
Minor changes to the floor plates for each product type to bring the dwelling units up to current market standards.
Changes to building heights.
Changes to the appearance of the buildings.
Amending the staging from 2 to 3 stages.
A reduction of 4 car parking spaces.
Amendment to the internal road network.
Resultant changes to landscaping.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan 2006.
The following codes from the Noosa Plan 2006 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 floor plans and perspectives of the approved Residential Aged Care development and the proposed changed development:

Figure 4: Proposed ground floor plan

Figure 5: Proposed upper floor plan

Figure 6: View from Grasstree Court (proposed)

Figure 7: View from north boundary (proposed)

Figure 8: Southeast axonometric (proposed)

Figure 9: Approved ground floor plan

Figure 10: Approved first floor plan

Figure 11: Approved north elevation

Figure 12: Approved west elevation

Figures 13 and 14: Approved south (top) and east elevations
Built Form
The amended built form of the Residential Aged Care facility generally raises no concerns noting:
The maximum building height has reduced by 100mm;
Site cover complies with the 50% maximum permitted;
Gross Floor Area remains significantly less than the maximum permitted;
The proposal complies with setbacks with a minor intrusion into the southern (setback);
The external design changes provide for an improved visual aesthetic attributed to the use of a variation of lightweight materials and increased articulation; and
Glossy Black food trees previously identified to be retained are still retained.
The following images details the area subject to 600mm front setback variation. The variation is minor and will not have a detrimental impact on the streetscape or surrounding area as it relates to a small section of the site’s frontage in an area which will be partially screened by landscaping. It is also noted that an electricity booster cupboard is to be located at the front boundary consistent with Energex requirements.

Figure 15: Area subject to 600mm front setback variation (blue)
Car Parking
The following table details the approved and proposed car parking associated with the RAC and the total required for all uses throughout the site.
Use	Existing approval	Proposed	Planning Scheme (2006)	Complies (Current proposal)
RAC currently 96 beds proposing 102 beds	Staff: 38 Visitor: 10 Emergency vehicle: 1 Service vehicle: 1 Total: 50 spaces	Staff: 28 Visitor: 22 Emergency vehicle: 1 Service vehicle: 1 Total: 52 spaces	26 spaces	
TOTAL REQUIRED FOR ALL USES	288	290	179	
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 52 spaces, inclusive of 2 spaces for emergency and service vehicles, exceeds the amount required by the Noosa Plan at the time of the original approval and is almost double the amount required by the current planning scheme (Noosa Plan 2020).
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 remains unchanged and complies with the minimum requirements of the Noosa Plan.

Staging
The existing approval allows for the development to be delivered in 3 stages. Four stages are now proposed. The increase from 3 to 4 stages generally raises no concern particularly noting that the RAC is to be delivered in the first stage thus ensuring the provision of the identified age care need. To ensure this outcome, it is recommended that the wording of condition 7 be amended from:
7.	The development may be staged in accordance with the plan titled ‘Masterplan’ prepared by Smith and Tracey dated November 2018, Plan Ref: DA_106
To
7.	The development must be staged in accordance with the plan titled ‘Masterplan’ prepared by Thomson Adsett dated 15 October 2020, Plan Ref: DA_106 Rev. 3, with the Residential Aged Care Facility provided in the first stage.
However it is recommended that condition 12 which relates to the vegetation clearing offset program be amended to require a staged delivery of the program as Stage 1 now only relates to Lot 6 and due to the considerable size of Lot 9 (5 hectares) there is no reasonable reason to clear this area now and there are concerns with leaving a significant area of land cleared for an unknown period of time. It is also recommended to amend condition 14 to ensure that the related Operational Works application addresses the staging of the vegetation removal.
In this regard it is recommended to amend conditions 12 and 14 from:
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.
To:
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 for each stage must be completed prior to the commencement of the use for each stage.  The Vegetation Clearing Offset program, required by these conditions, must be implemented in a staged manner reflective of the approved staging of the development. To this end separate Vegetation Clearing Offset programs must be developed to reflect the staged delivery of the development, in particular the staged development of lot 6, and the subsequent development of lot 9.
No clearing is permitted unless in accordance with the approved staged Vegetation Clearing Offset program.
The Vegetation Management operational works application must detail the location and extent and staging 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.
Glossy Black Cockatoo feed trees
The footprint of the proposed building location has not significantly changed when compared with the approved building, and therefore a cluster of active Glossy Black Cockatoo feed trees identified for retention remains unchanged.
Bushfire
The site is mapped as High Potential Bushfire Intensity in the Noosa Plan 2006. The applicant has previously provided an amended Bushfire report with the previous approved layout. The amended report demonstrates that the proposed amended layout does not materially impact on the bushfire setbacks required.
It is noted conditions 21 and 23 require the Bushfire Management Plan to be referred to Queensland Fire and Rescue Service (QFRS) for endorsement. Referral to QFRAS was a historical requirement however it cannot be achieved as QFRS no longer provide this review of Bushfire Management Plans associated with development approval conditions. Accordingly it is recommended to delete condition 21 and amend 23 to remove this requirement.
Stormwater Quality
The proposal includes an amended layout associated with stormwater treatment consisting of a bio-basin and an infiltration basin. The proposed treatment methodology has been reviewed by Council’s Environment Officer (water quality) who is satisfied that the proposal has demonstrated that pollution reduction targets will be met by including the infiltration basin in the modelling.
The applicant has requested that condition 81 be amended so that the water quality performance bond be required to be submitted to prior to the pre-start meeting for Stage 1, instead of prior to any pre-start meeting.
Amending the condition is supported however it is recommended that the amended wording require the bond paid prior to the issue of an Operational Works approval for Civil Infrastructure and Stormwater for Stage 1, as this Operational Works approval relates to the location and works which the bond seeks to secure performance for.
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, stormwater quality and conditions which make specific reference to plans which have now been amended.
Amendments to infrastructure charges notice
The Infrastructure Charges Notice will require amendment to reflect the reduction in gross floor area of the RAC and the change to the staging of the development.
noosa plan 2020
The Noosa Plan 2020 zones the land Community Facilities, consistent with the zoning under the superseded panning scheme, and designates the land for a Residential Care Facility. The approved uses remain consistent with the intent of the new planning scheme.
The extent of the Biodiversity, Waterways and Wetlands Overlay and Bushfire Hazard Overlay are consistent with the corresponding mapping in the superseded scheme. Notably the car parking rate for retirement facility component of the development has marginally reduced.
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
conclusion & reasons for decision
The application is for a change to the existing development approval for Material Change of Use for Multiple Housing – Type 3 Retirement & Special Needs; Commercial Business – Type 2 Medical 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 Staging Plan and changes to the design/layout of Residential Aged Care building which includes an additional 6 beds. 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 Noosa Plan 2020.
The intent of the existing approval was for residential care and retirement facilities to be developed on the site and the amended development remains consistent with the original approval and will deliver Residential Aged Care in the first stage.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	X	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 NOVEMBER 2020

[Attachment: image10.png (image text)]
 
 
 
 
  
 
 
 
 
 
  
  
 
 
  

Arrival & administration suite.

Back of house provision.

Lifestyle precinct activity spaces.

House 1 (MSU) - 2 x 8 beds (5 premium).
\, House 2 - 2 x 8 beds (9 premium).

\ First floor:

House 3 - 2 x 8 beds (5 premium).
House 4 - 2 x 8 beds (9 premium).
House 5 - 2 x 8 beds (5 premium).
House 6 - 2 x 8 beds (all standard rooms).

a

 

\ \ Total 96 beds

 

APPROVED PLANS
NOOSA COUNCIL
21 MARCH 2019

 

 

 

 

 


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RL 39.00

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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AL 38.90

 

 

 

 

 

 

 

 

 

 

 

 

 

crcl mow il

 

 

 

 

 

 

 

 

 

 

 

4, SOUTH ELEVATION _

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ec

 


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Area of 600mm
setback variation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    
 

 

 

 

 

 

 

 

 

 

 

 

 

+ House B17 beds (6 premium).
+ House C17 bee (3 premiun).

First floor:

+ House A= 17 beds (§ premium).
+ House B 17 beds (6 premium).
+ House C17 beds (3 premium).
+ House O 17 bee (5 premiun),

Total 102 beds

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+ Anival & administaton suite.
+ Back ofouse provision

+ Leste recinet activity spaces.
+ House 87 beds (6 premium)
+ House C17 bes (3 premium),

 
  
  
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First floor:

 

 

 

+ House D7 bes (5 premium),
Total 102 beds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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et \ + House C17 beds (3 premium)

+ House D7 bes (5 premium),

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image9.png (image text)]
APPROVED PLANS

NOOSA COUNCIL
> 21 MARCH 2019 <=

  
 
 
 
 
 
     

Ground floor:

‘+ Arrival & administration suite.
‘+ Back of house provision.
‘+ Lifestyle precinct activity spaces.

 

House 1 (MSU) - 2 x 8 beds (5 premium).
House 2 - 2 x 8 beds (9 premium).

          
 
 
 
  
 
 

 

First floor:

House 3 - 2x 8 beds (5 premium).
House 4 - 2 x 8 beds (9 premium).
House 5 - 2 x 8 beds (5 premium).
House 6 - 2 x 8 beds (all standard rooms).

 

 

 

Total 96 beds

«