Minor Change Report 132004.5744.11

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Blake Coulston
Development Assessment

APPLICATION DETAILS
Application No.	132004.5744.11
Development Approval	Material Change of Use:  Retirement Community - 169 Units & Ancillary Facilities
Applicant	Country Club Villages Pty Ltd
Request Received On	7 December 2020

PROPERTY DETAILS
Property Address	35 Walter Hay Drive Noosaville Qld 4566
RP Description	Part Lot D SP 215280
Land Area	6.707ha
Existing Use of Land	Retirement Village

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Medium Density Residential Zone
Overlays	Acid Sulfate Soils Overlay; Bushfire Hazard Overlay; Flood Hazard Overlay; Landslide Hazard Overlay; Biodiversity, Waterways and Wetlands Overlay.
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to relocate the 20 car parking spaces for Building B, towards the front boundary on Eenie Creek Road.
background
The site obtained a Development Permit for a Retirement Community (169 Dwelling/Accommodation Units & Ancillary Facilities) that was issued on 15 December 2005. At the time the original application was publicly notified, no submissions were lodged with Council.
The following historical approvals apply to the subject site:-
2004/5744 – Material Change of Use – Retirement Village (169 Dwelling/Accommodation Units & ancillary facilities)
Decision Notice dated 22/09/2005
Negotiated Decision Notice dated 15/12/2005
On 28 January 2016 Council approved a change to the development approval to reduce the number of proposed villas by four, alter the proposed villa types and ancillary uses with the inclusion of a manager’s residence.  The amendments resulted in a combined site cover of 20,945m2 and a GFA of 19,575m2, both less than originally approved. The resultant population density was 390.9 persons.
It is noted that there have been a number of Generally in Accordance approvals issued since the time of the original approval.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Local Plan Code;
Medium Density Residential Zone Code;
Special residential Code;
Works Codes.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
The development would not result in substantially different development as the change relocates the car parking area to what was originally approved in 2005;
The car park is proposed within/removing part of the visual landscape/acoustic mound;
The change does not include prohibited development;
The change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
Where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The proposed changes consist of relocating the 20 car parking spaces associated with Building B. The proposed change impacts the visual landscape/acoustic mound and therefore will need to be additionally assessed against Noosa Plan 2020.
Condition 1
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered:
Revised Site Plan, prepared by Greg Gibbs 1519 WD01, December 2015
Road Network & Parking 0379 SK04C dated October 2004,
Drainage Design 0379 SK 05B dated October 2004,
Proposed Site Plan, Drawing No TP‐01 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Ground Floor Plan (Building A), Drawing No TP‐02 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed First Floor Plan (Building A), Drawing No TP‐03 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Roof Plan (Building A), Drawing No TP‐04 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Elevations (Building A), Drawing No TP‐05 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Ground  Floor  Plan (Building  A),  Drawing  No  TP‐06  Rev  P1  dated  16 May  2017  and  prepared  by  Select Architects;
Proposed First Floor Plan (Building B), Drawing No TP‐07 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Roof Plan (Building B), Drawing No TP‐08 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Elevations Sheet 1 (Building B), Drawing No TP‐09 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Elevations Sheet 2 (Building B), Drawing No TP‐10 Rev P1 dated 16 May 2017 and prepared by Select Architects.
Community Centre Floor Plan 0379 SK CC‐1A dated November 2004,
Community Centre Elevations 0379 SK CC‐2A dated November 2004,
Type A Villa 0379 Villa A Issue A dated November 2004,
Type B Villa 0379 Villa B Issue A dated November 2004,
Type C Villa 0379 Villa C Issue A dated November 2004,
Type D Villa 0379 Villa D Issue A dated November 2004, and
Type E Villa 0379 Villa E Issue A dated November 2004; prepared Greg Gibbs Architects;
Landscape Concept Plan ‐ LA 01 Sheet 01 of 01 Issue B dated June 2001; and
Landscape Concept Plan ‐Entry LA 01 Sheet 01 of 01 Issue B dated June 2005, prepared by Land Graphics;
The Singleton Floor Plan, prepared by Greg Gibbs 1514 WD02, December 2015
The Singleton Elevations, prepared by Greg Gibbs 1514 WD04, December 2015
The Singleton Site Plan + Finishes, prepared by Greg Gibbs 1514 WD01, December 2015
Applicant’s Request
Amend the following approved plans: 1.4, 1.11, 1.12, 1.13, and 1.14 as follows:
Proposed Site Plan, Drawing No TP-01 Rev P1 dated 03 December, 2020 and prepared by Select Architects;
Proposed First Floor Plan (Building B), Drawing No TP-07 Rev P1 dated 10 November 2020 and prepared by select architects;
Proposed Roof Plan (Building B), Drawing No TP-08 Rev P1 dated 10 November, 2020 and prepared by Select Architects;
Proposed Elevations Sheet 1 (Building B), Drawing No TP-10 Rev P1 dated 01 June, 2017 and prepared by Select Architects;
Proposed Elevations Sheet 2 (Building B), Drawing No TP-10 Rev P1 dated 01 June, 2017 and prepared by Select Architects.
Assessment of Request
The proposed changes to the car parking areas is generally supported as the number of car parking spaces is not increasing or decreasing and is simply relocating the car parking spaces.
Through the relocating of the carparking spaces, a section of visual landscaping/ acoustic mound will need to be removed to facilitate the change. The purpose of the visual landscaping and acoustic mound is to create a buffer between the sensitive uses and Walter Hay Drive in regard to visual amenity and noise. It has been determined that the remaining landscaping and acoustic mound, along with the existing boundary fence, is sufficient to address the issues which were relevant at the time and the requirements of the Noosa Plan 2020.

Condition 38
Carparking shall be provided within the site as shown on Plan – Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs Architects and as shown on the Plan – Proposed Site Plan, drawing No TP-01 REV P1 dated May 2017, prepared by Select Architects, except as modified herein.
Applicant’s Request
Amend the approved plan associated with Condition 38, as follows:
Carparking shall be provided within the site as shown on Plan – Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs Architects and as shown on the Plan – Proposed Site Plan, drawing No TP-01 REV P1 dated 03 December 2020, prepared by Select Architects, except as modified herein.
Assessment of Request
The proposed changes to the car parking areas is generally supported as the number of car parking spaces is not increasing or decreasing and is simply relocating the car parking spaces.

cONSULTATION
Referral Agencies
Not Applicable
Other Referrals
Not Applicable
conclusion & reasons for decision
The proposed changes consist of relocating the prescribed 20 carparking spaces associated with Building B of the development. The nature of the amendment is changing the approved plans for the development to reflect the relocation of the carparking space. The change does not increase or decrease the amount of spaces providing for carparking. The change to the application will reduce the amount of visual landscaping and acoustic mound provided, however the remaining landscaping and acoustic mound, along with the boundary fence is determined to be sufficient if providing a visually and noise buffer between the use and Walter Hay Drive, therefore the request to change the decision notice is accepted.
RECOMMENDATION
With regard to Application No. 132004.5744.11 132004.5744.09, to make a minor change to an existing approval for Development Permit for Material Change of Use - Retirement Community – 169 Units and Associated Ancillary Facilities situated at 35 Walter Hay Dr Noosaville Qld 4566 described as Lot 2 on SP 162077, Council on 24 February 2020 decided to:
Approve the change.
Amend condition 1 to read as follows:
Road Network & Parking 0379 SK04C dated October 2004,
Drainage Design 0379 SK 05B dated October 2004,
Proposed Site Plan, Drawing No TP‐01 Rev P1 dated 03 December, 2020 and prepared by Select Architects;
Proposed Ground Floor Plan (Building A), Drawing No TP‐02 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed First Floor Plan (Building A), Drawing No TP‐03 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Roof Plan (Building A), Drawing No TP‐04 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Proposed Elevations (Building A), Drawing No TP‐05 Rev P1 dated 16 May 2017 and prepared by Select Architects;
Ground  Floor  Plan (Building  A),  Drawing  No  TP‐06  Rev  P1  dated  16 May  2017  and  prepared  by  Select Architects;
Proposed First Floor Plan (Building B), Drawing No TP‐07 Rev P1 dated 10 November, 2020 and prepared by Select Architects;
Proposed Roof Plan (Building B), Drawing No TP‐08 Rev P1 dated 10 November, 2020 and prepared by Select Architects;
Proposed Elevations Sheet 1 (Building B), Drawing No TP‐09 Rev P1 dated 01 June, 2017 and prepared by Select Architects;
Proposed Elevations Sheet 2 (Building B), Drawing No TP‐10 Rev P1 dated 01 June, 2017 and prepared by Select Architects.
Community Centre Floor Plan 0379 SK CC‐1A dated November 2004,
Community Centre Elevations 0379 SK CC‐2A dated November 2004,
Type A Villa 0379 Villa A Issue A dated November 2004,
Type B Villa 0379 Villa B Issue A dated November 2004,
Type C Villa 0379 Villa C Issue A dated November 2004,
Type D Villa 0379 Villa D Issue A dated November 2004, and
Type E Villa 0379 Villa E Issue A dated November 2004; prepared Greg Gibbs Architects;
Landscape Concept Plan ‐ LA 01 Sheet 01 of 01 Issue B dated June 2001; and
Landscape Concept Plan ‐Entry LA 01 Sheet 01 of 01 Issue B dated June 2005, prepared by Land Graphics;
The Singleton Floor Plan, prepared by Greg Gibbs 1514 WD02, December 2015
The Singleton Elevations, prepared by Greg Gibbs 1514 WD04, December 2015
The Singleton Site Plan + Finishes, prepared by Greg Gibbs 1514 WD01, December 2015
Amend condition 38 to read as follows:
Carparking shall be provided within the site as shown on Plan – Road Network & Parking 0379 SK04C dated October 2004 prepared by Greg Gibbs Architects and as shown on the Plan – Proposed Site Plan, drawing No TP-01 REV P1 dated 03 December 2020, prepared by Select Architects, except as modified herein.

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