MCU18/0009 – Development Application For Material Change Of Use For Multiple Housing –Type 3 (Retirement & Special Needs) At 186 Cooroy Noosa Road Tewantin

mcu18/0009 – development application for material change of use for Multiple Housing –Type 3 (Retirement & Special Needs) at 186 cooroy noosa road, tewantin

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0009

Attachments	1.	Proposal plans

APPLICATION DETAILS
Applicant	Noosacare Inc
Proposal	Material Change of Use - Multiple Housing Type 3 Retirement & Special Needs
Properly Made Date	23 January 2018
Information Request Date	21 February 2018
Information Response Date	21 May 2018
Decision Due Date	17 August 2018
Number of Submissions	68 letters of support

PROPERTY DETAILS
Property Address	186 Cooroy Noosa Rd Tewantin Qld 4565
RP Description	Lot 2 RP 177554
Land Area	4.43 hectares
Existing Use of Land	Multiple Housing –Type 3 Retirement & Special Needs

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Community Services
Overlays	Biodiversity Overlay: Environment Protection Area Natural Hazard Overlay: Bushfire Hazard and Acid Sulfate Soils
Assessment Type	Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 August 2018 regarding Application No. MCU18/0009 for a Development Permit for Material Change of Use - Multiple Housing – Type 3 Retirement & Special Needs situated at 186 Cooroy Noosa Rd, Tewantin and:
A.	Approve the application and grant a Preliminary Approval subject to the following conditions:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are numbered 1717 DA 01 – DA 15 prepared by Middap Architecture and dated November 2017. These plans must be amended in accordance with the conditions.
Amended plans and associated reports must be submitted to Council prior to any further development applications being made and must include the following to the reasonable satisfaction of the Manager, Development Assessment:
All development and associated vegetation removal and fire management measures must be located outside the Q100 flood line and not extend further east from the existing carpark footprint to protect the existing wetland vegetation and Swamp Crayfish habitat.
Car parking must be provided at a rate of 0.92 car spaces per bed. Of these, 0.21 spaces per bed are for event days and must be provided in temporary areas on the site. The layout must comply with Australian Standard AS/NZS 2890.1-2004 and may include the existing 18 car parking spaces in the road reserve.
All additional car parking required for the development must be provided on site.
New buildings must be set back at least 6.0 metres from the front and the rear boundary.
A minimum landscape setback of 6.0 metres must be provided to all boundaries, apart from existing development, with existing vegetation retained and reinforced in the setbacks to maintain the amenity of adjoining residents and a visual screen to Cooroy Noosa Road.
Noise attenuation measures must be incorporated into the building design to mitigate traffic noise impacts from Cooroy Noosa Road. The design criteria for the development must be 63dB(A)L10(18hours)
All buildings and works must be sited in a manner that provides for retention of some healthy groupings of significant trees to the west of the Q100 flood line to the reasonable satisfaction of the Manager, Development Assessment.
The development must be undertaken and operated in a manner that causes no detrimental effect upon the amenity of the neighbourhood by reason of the creation of excessive noise, lighting nuisance or other emissions.
No vegetation removal is permitted within the Q100 flood line and east of the existing car park footprint.
A parking management plan must be submitted detailing how car parking is to be managed and to direct visitors on event days.
A maximum building height of 2 storeys and 8.0 metres, except for Villa 2 which may be 8.50 metres.
Security in the form of a cash bond or trading bank guarantee to the sum of $20,000 must be submitted for each stage, to secure performance of all conditions of the relative stage approval. This security must be submitted prior to the issue of a Development Permit for operational works for the relevant stage. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit.
The requirements of this development approval are to be effected, prior to the use of the premises. Council reserves the right to call upon the bond or guaranteed sum referred to in this approval to effect compliance with conditions.
Flooding
All buildings proposed on site must be constructed to a minimum floor level above the predicted 1 in 500 ARI design storm (Q500) to avoid the risk of flooding.
Vehicle Access
All vehicles must enter and leave the site in a forward direction.
Bollards must be installed to the western end of the existing road reserve car park to contain vehicles within the car park.
Carparking
All car parking spaces must be designed and constructed in accordance with AS/NZS 2890.1:2004 (User Class 1 for staff and employees and User Class 3 for visitors) with allowance for vehicles to enter and leave the site in a forward gear and with a minimum head clearance (headroom) at any point of 2.2m.
All car parking spaces for persons with disabilities must be designed and constructed in accordance with AS /NZS 2890.6:2009.
All carparking must be kept, maintained and line-marked in a condition fit for use.
All staff carpark spaces must be clearly defined by line marking each space with the words “Staff Parking Only” and by sign posting each space with a similar wording.
A dedicated pedestrian pathway must be provided linking the proposed carparking area and the proposed Admin Block. The pathway must:
Be a minimum of 1.5m wide,
Be located clear of the access driveway, and
Include a marked pedestrian crossing point to the Admin Block
Earthworks
Earthworks required on site must be carried out in accordance with Council’s Planning Scheme Policy PSP5 – Engineering Design Standards, so as not to cause the additional ponding of water on any adjoining lands or the blockage of, or interference with, any natural watercourses.
General
A suitably qualified Registered Professional Engineer must prepare engineering drawings and specifications for all engineering works that will become Council infrastructure, which must be submitted in conjunction with an application for a Development Permit for Operational Works.  In this regard a DXF/DWG file on GDA94 zone 56 grid of the proposed cadastre layout is to be submitted in conjunction with any application for Operational Works.
Digital detailed designs including drawings, calculations, specifications and a schedule of works, must be submitted with any application for a Development Permit for Operational Works in respect of roadworks and stormwater drainage works. The design must be in accordance with Council’s Planning Scheme Policy PSP05 – Engineering Design Standards – Roads, Drainage and Earthworks.  To avoid conflict with underground pipes or services, all existing and proposed services required by the development must be shown on the plans.
To facilitate production of As Constructed drawings it is suggested that all design drawings are submitted in the Asset Design and As Constructed (ADAC) digital format. (Guidelines on the use of ADAC are available at www.adac.com.au).
A construction management plan/strategy to ensure no damage occurs to Council services must be prepared by a suitably qualified Registered Professional Engineer and submitted to Council in conjunction with any application for Operational Works.
Any damage caused to any public utility during the course of construction must be repaired to Council’s standards and at no cost to Council.
Any alteration of any public utility or other facilities necessitated by the development of the land or associated construction works external to the site must be at no cost to Council.
The transportation of all materials to and from the site must be undertaken in a manner such that no particle matter escapes onto a public road.  All vehicles carrying materials either to or from the site must be covered to prevent materials including dust being windblown from the vehicle.
As Constructed drawings and data must be certified by a qualified experienced Civil Engineer for design intent, and a Licensed Surveyor must certify the cadastre and the location, level and type of all services and structures.  All of which must be submitted to Council for checking and for Council’s records.
The data must fully detail levels for all engineering works including but not limited to drainage structures, finished ground levels and pavement surface levels.  The data must be submitted in the Asset Design and As Constructed (ADAC) digital format.  (Guidelines on the use of ADAC are available at www.adac.com.au).
Approval of works must not be granted until all As Constructed information has been supplied and accepted by Council.
Stormwater
All works must be constructed and work procedures undertaken in accordance with:
The approved plans, the approved amended plans and the conditions detailed in this Decision Notice.
The document ‘Proposed Cartwright Village Extension – Carramar, Noosa Care Integrated Water Management Plan Version 0’ by Callaghan & Toth dated 12 February 2018
The document ‘Noosa Care Inc Cartwright Village Extension Carramar, Cooroy Noosa Road, Tewantin Preliminary Design of Stormwater Detention Volume’ by BSM dated 21 December 2017
The document ‘Flood Study Noosa Care – Carramar’ by Cardno dated 24 July 2017
The Addendum Letter by Cardno (document number WE17064) dated 23 March 2018
The Technical Memorandum by Cardno (ref WE17064_Carramar_TM01) dated 13 July 2018
A minimum Finished Floor Level (FFL) of the Aged Care Facility and any associated facilities at 8.80m AHD.
A minimum Finished Floor Level (FFL) of the Independent Living Units of 8.80m AHD.
All relevant Noosa Council Planning Scheme Policies, standard drawings, standard specifications and guidelines are to be adhered to.
Prior to the issue of a Development Permit for Material Change of Use these reports must be amended to reflect the amended development proposal as required by Condition 2.
Drainage Easement
An easement for drainage purposes must be registered against the titles of the properties in favour of council over the land area identified as being below the post development 1% AEP flood level on the subject site from flooding sources external to the site (excluding proposed structures). The easement width must be in accordance with Noosa Council’s DDPSP. The easement must be granted at no cost to Noosa Council. The wording of the easement documentation must be in accordance with Council’s Standard Easement document.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms. Draft easement documentation must be submitted to Council for endorsement.
Acid Sulfate Soils
As the site is located below the 20m AHD and above the 5m AHD, any excavation works consisting of 100m3 or greater which extends below 5m AHD will need to be carried out in accordance with the State Planning Policy and the Noosa Plan. In this regard appropriate testing and supporting documentation prepared by a suitably qualified specialist must be submitted to Council for approval prior to obtaining a Development Permit for Operational Works.
Erosion and Sediment Control
Any person acting on this permit must prevent erosion and sediment export from leaving the site. Site control measures such as silt fencing, controlled gravel access to the site and controlled disposal of waste, will be necessary.
In this regard plans detailing the methods of controlling erosion and sediment are required to be submitted to the Council for approval prior to obtaining a Development Permit for Operational Works.
LANDSCAPE & ECOLOGY
Landscaping & Vegetation Clearing
The development site must be landscaped.  The works must be undertaken in accordance with an Operational Works approval and the Noosa Plan for that specific area and must include in particular:
Provide landscaping plans that provide detailed sections and plan of a 6.0 metre landscaped buffer adjacent to the northern boundary to buffer the adjacent residential uses from the development.
Provide detail of the number of mature native trees (>150mm DBH) including species and canopy spread, proposed to be removed to facilitate all aspects of the development proposal.
Provide details of the methods to be used during the vegetation clearing including the use of licensed spotter/catchers, disposal of cleared vegetation, methods to ensure retained vegetation is protected from development works, in particular where works are proposed adjacent to root zones of vegetation located on the road reserve with reference to AS 4390 -2009 and amendments Protection of Trees on Development Sites
Provide details of the treatment of environmental and declared weeds on the site.
Existing trees on the site and within road reserves are to be retained, except where required to be removed due to building operations or the conduct of the approved use.
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan prepared by a suitably qualified Landscape Architect or Horticulturalist. Such landscaping is to be completed prior to the premises being occupied and maintained at all times thereafter.
Any building under-croft areas must be adequately stabilised for erosion control.
Land Rehabilitation
A vegetation protection covenant must be registered against the title of the property over the land area identified as occurring at or below the 1 in 100 ARI (Q100) and to the east of the existing car park footprint on the Approved Plans pursuant to Section 97A of the Land Title Act 1994.  The covenant document and a survey plan must be submitted to Council for endorsement prior to lodgement with the relevant titles authority for registration of title.  The covenant document must:
incorporate the requirements of this Decision Notice
include Noosa Council as Covenantee
reference Queensland Land Title Registry Standard Terms Document No. 715597513.
ENVIRONMENTAL HEALTH
Waste Management
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
Mechanical Equipment
Written certification is required from a suitably qualified person confirming that sound pressure levels from all mechanical plant and equipment comply with the following:
Air-conditioning and Refrigeration
7am to 10pm: Maximum background + 5dB(A)
10pm to 7am: Maximum background + 3dB(A)
Pumps
7am to 7pm: Maximum background + 5dB(A)
7pm to 10pm: Maximum background + 3dB(A)
10pm to 7am: No audible noise.
The certification must be submitted to Council, which certifies that operational noise from any fixed plant and equipment complies with the requirements of this Decision Notice.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks a Development Permit for Material Change of Use for the establishment of 48 new dementia beds on the site. The use is defined as Multiple Housing Type 3 – Retirement and Special Needs under the Noosa Plan 2006.

The applicant advises:
The proposed development will comprise 48 new dementia beds located in 6 new buildings/villas (8 beds per building/villa) and positioned in the eastern undeveloped portion of the site. Each of the 6 separate accommodation buildings include individual bedrooms with ensuites for the residents as well as a communal lounge, dining and verandah.
The buildings each have direct access to a secure landscaped area that includes existing vegetation and pathways. These pathways are all linked and lead back to the central dementia unit entry building.
To minimise the impact on the eastern portion of the site, Villas 1 to 2 are located at the front of the site suspended over and maintaining the existing carparking area. The two buildings are connected by a landscape podium.
Villas 3 to 6 are of a single storied height and accessed directly from the ground level. Due to the flood constraints of the site, the buildings cantilever over a small portion of the area affected by maximum flood events. Some minor filling will be undertaken with approximately 975m3 excavated from the carpark area and the remainder (approximately 3100m3) imported to the site.
The building design includes pitched roof forms and eaves consistent with the existing buildings on site. Building materials include timber cladding and colorbond roof sheeting with the colour integrating with the existing buildings on site
A new entry building to the existing and proposed dementia units on site is also proposed as part of the application. The dementia unit to be known as Cartwright Village includes the existing Cartwright dementia buildings as well as the new buildings proposed as part of this application. The new entry building will be the public entry to the Village and contains a reception sign-in area and a community space which will be used by both residents for their functions as well as the general public to attend dementia awareness programs of training courses. Two sitting areas are proposed and include one area for the public attending the Carramar site and the other for the Cartwright Village residents and families.
The applicant advises that the proposed development will result in an additional 2,952m2 of additional Gross Floor Area and 3,652m2 of additional site cover.
A copy of the proposal plans is included at Attachment 1.
The following image provides a Locality Plan for the subject site.

Figure 1: Locality Plan of subject site

Figure 2: Locality Plan of subject site
The following images provide a summary of the proposed development.

Figure 3: Site Plan

Figure 4: Elevation plan

Figure 5: Section plan

Figure 6: Section plan

site details
Background
The site was originally gifted from Noosa Shire Council to Noosa Care Incorporated in 1975 for the purposes of providing aged care.
A substantial development known as ‘Carramar Noosa Homes’ is currently located on the site. The complex has been operating over a number of years with several extensions progressively being added to the facility. The existing development consists of 142 residential rooms containing one bed, including a special care dementia buildings containing 32 rooms, and ancillary features including a community centre, staff building and administration building, which the applicant advises amounts to 9093m2 in gross floor area and approximately 19% site cover.
Under the superseded Planning Scheme(s) the land was included in the Special Uses (Aged Persons Home) Zone and subsequently the Special Facilities (Aged Persons Home) Zone, as a result of a Council decision in May 2000.
In December 2006 Council granted a preliminary approval to override the planning scheme for aged care facilities on the site (04/5763). The application was assessed under the superseded planning scheme. The approved master plan included indicative sites for future residential units, with all future development outside a mapped Q100 flood line. Notably, the current Q100 flood line encompasses a larger area than the Q100 flood line identified when the preliminary approval was issued.
The officer’s report of the time notes:
The proposed development, however, has not adequately addressed the environmental values of the site, with no flora and fauna study undertaken to address significant species on the site or identification of a buffer to the creek that traverses the south eastern boundary.  In this regard, as the vegetation is identified as non-remnant vegetation a flora and fauna study could be undertaken with the future development plans, and a minimum buffer of 10 metres maintained to the creek.  Notably a 10 metre buffer is likely to coincide with the flood affected areas of the site and not reduce the developable area on the site.
A condition of the approval required a minimum setback of 10 metres to the top of the creek bank. In response to representations made by the applicant this setback was amended to require a 10 metre setback from the centre of the creek as opposed to the top of the creek bank.
The preliminary approval lapsed in April 2013 and was not acted upon.
A copy of the preliminary approval is provided below.

Figure 7: Noosa Council Preliminary Approval 04/5763

The most recent permit (MCU11/0082) issued over the site was approved in 2011 by the Sunshine Coast Council for a new dementia building in the eastern portion of the site. This building has since been constructed and is known as the Cartwright Wing.
A copy of the approved site plan is provided below:

Figure 8: Approved Site Plan MCU11/0082

Site Description & Surrounding Land Uses
The site is an irregular shaped parcel of land and comprises an area of 4.43 hectares. The site slopes gently from the western boundary down to the eastern boundary towards a well vegetated watercourse which forms part of the open space system in the surrounding Noosa Parkland estate. This area is well vegetated with a range of melaleuca, casuarina and eucalypt species, but with some limited areas of mown grass.  Land to the west, north and east is zoned for residential development and contains residential dwellings of one to two storeys. The eastern boundary adjoins parkland, with Wooroi State Forest located opposite the site on the southern side of Cooroy Noosa Road.
Pre-lodgement Discussions
A formal pre-lodgement meeting was held with the applicant’s key consultants and representatives of the property owner on 4 September 2017. The discussions focussed on the primary planning issues to be assessed including flooding, stormwater management, car parking, bushfire, and vegetation retention.
Biodiversity was identified as a critical issue given the proximity to National Park areas, retained vegetation and the aged care use proposed.
Advice provided included:
The unique habitat requirements of the threatened species, which require paperbark swamps, tannin-stained pools, acidic waters, suitable understory and canopy trees, are present on the site and prone to degradation. Threatened species including Wallum frogs, Tusked frogs, and Crayfish, have been identified in and around the area. Their specialised habitat requirement restricts their distribution to isolated patches and, in turn, makes their existence vulnerable to change. Hydrological changes including quality and quantity, development encroachment and increased levels of pollution are all potentially threatening.
Expansion of the development footprint to the east will result in the loss of suitable habitat for threatened species and cause localised extinctions. Management of the lands for amenity, bushfire, tree hazards, flooding and other land management practices associated with the use, will result in the degradation of the remaining habitat.
The Noosa Plan Biodiversity Overlay Code does not support development expanding eastwards of its current footprint due to the impacts on the fauna and flora habitat present.
A further meeting was also held with the applicants, including an inspection of the site attended by Council’s Environment Officer and the applicant’s ecologist.  At this meeting officers advised that while a further extension to Carramar could be supported into the disturbed areas of the site identified by the Biodiversity Overlay given the need for aged care in Noosa, officers would be unlikely to support the extent of extensions proposed into the wetland vegetation. Officers further recommended that Carramar investigate other potential sites for future expansions of Carramar.
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.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is generally consistent with the regional policies of the SEQ Regional Plan although it does note:
Land in the Urban Footprint may be unsuitable for urban purposes for other reasons including constraints such as flooding, land slope and scenic amenity, and the need to protect significant vegetation, which may include matters of national environmental significance and parts of the regional biodiversity network.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Development Area.
Statutory Instruments – Planning Scheme
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tewantin and Doonan Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Code
Locality Provisions
The subject site is located in the Tewantin and Doonan Locality and is zoned Community Services. The proposed use is identified as a consistent use within the zone and is required to follow a code assessable application process.
The proposed residential aged care use will in part satisfy a significant need for aged care facilities within the Noosa region. It is also noted that there are limited opportunities of appropriately zoned land for the development of aged care facilities.
Land Use & Works Provisions
The application has been assessed against applicable codes. The pertinent issues arising out of the assessment against the codes are discussed below:
Biodiversity
The Biodiversity Overlay applies to that part of the site which is proposed to be developed. The overlay does not apply to the majority of the site which has already been developed.
The following image details the area covered by the Biodiversity Overlay, with the area identified as containing vegetation worthy of environmental protection.

Figure 9: Extent of the Biodiversity overlay
The overall outcomes for the Biodiversity Overlay Code include:
13.7.2 a) 	The natural resources of Noosa Shire are conserved including—
i 	land which is of scenic, cultural, historical, educational, recreational, scientific, ecological, biodiversity, economic, social or aesthetic value;
ii 	soil or landforms such as watercourses, drainage lines, foreshores, dunes and steep slopes;
iii 	the ecosystem health and quality of the water, land and other natural resources; and
iv 	the extent and condition of native and remnant vegetation, including ecologically important areas, wetlands and areas of significant regrowth of local origin;
b) 	The terrestrial and aquatic biodiversity of native flora and fauna and their habitats is maintained;
c) 	Ecologically important areas, wildlife corridors, ecological linkages and riparian vegetation are conserved, managed, enhanced and rehabilitated to ensure the long term ecological viability, integrity and sustainability of native flora and fauna species, and to improve biodiversity, landscape stability, and resilience;
d) 	Development is managed so as to avoid, or where avoidance is not practicable, minimises or mitigates the impacts upon the Shire’s biodiversity values and natural resources, including—
i 	ecologically important areas;
ii 	the ecological values of water catchment areas;
iii 	the water quality of waterways, the Noosa River system and ground and surface waters;
iv	 that part of the natural environment that may be environmentally harmed by vermin, pests, noxious plants or threats such as fire, development and inappropriate land management;
v 	vistas and scenic amenity of the landscape;
vi 	coastal resources and values including coastal foreshores, near shore marine environments, beaches, dunes, rocky headlands, beaches and river mouths; and
vii 	koala habitat areas and ecological linkages that provide for connectivity and safety for the long term viability of koala populations.
e) 	The replanting or rehabilitation of degraded ecosystems and habitat is achieved;
f) 	In the case of urban areas, urban amenity, quality of life and ecosystem health is maintained and enhanced;
g) 	Clearing of protected vegetation only occurs where it is reasonably necessary and in an environmentally sensitive manner that provide for suitable replacement plantings.
The development, including the associated vegetation management zone and extension of the existing car park to the east, would result in the removal of vegetation of approximately 7,500m2 + in area. The following details the extent of proposed vegetation removal.

Figure 10: Proposed vegetation removal
The vegetation proposed to be removed is a mix of ages, classes and the closed mature canopy consists predominately of Melaleuca quinquenervia (Paperbarks) with occasional Eucalyptus robusta (Swamp Mahoganies). The vegetation is mapped as non-remnant under the Vegetation Management Act 1999, however the Noosa Plan identifies the vegetation as Environmental Protection due to the presence of the waterway, the wetland vegetation and the habitat values it supports.
A choked waterway drains through the site to the northeast from a culvert in Cooroy Noosa Road. This waterway and the minor slope of the land gives rise to the wetland qualities evident on site. The understory dominated by Gahnia clarkei (Sawsedge) and Blechnum indicum (Bungwall) coupled with the Paperbarks, give rise to the classification of the site as a Palustrine wetland. The applicant’s flora assessment states the Melaleuca wetland area exhibits the characteristic structure and composition of Regional Ecosystem 12.3.5 – Palustrine wetland, with tall Eucalypt emergents (Eucalyptus robusta and Corymbia intermedia) of significant height (20 metres) and girth (500 millimetres dbh) growing over a sub-canopy of Paperbark tea tree (Melaleuca quinquenervia), Black she oak (Allocasuarina littoralis) and dense thickets of Tall saw sedge (Gahnia clarkei), Bungwall (Blechnum indicum) and Harsh ground fern (Hypolepis muelleri). During the flora survey, no threatened plant species were discovered. The important wetland vegetation is generally contained to the area within the Q100 flood line and to the east of the existing car park.
A fauna survey undertaken by the applicant did not identify Koalas as using the site despite the presence of primary koala food trees. The survey concludes that the site may be used by dispersing koalas occasionally, however due to the wetland nature and dense understory, it is unlikely to be core habitat. Recent koala mapping by the University of the Sunshine Coast has identified koalas as occurring adjacent to the site.
The fauna survey identifies that the Melaleuca wetland with sedge understorey is suitable breeding habitat for Endangered, Vulnerable and Near Threatened (EVNT) listed Wallum frogs (Crinia tinnula and Litoria freycineti), and the ponded water around the culverts is suitable breeding habitat for Tusked frog (Adelotus brevis). However, no listed amphibians were found during the fauna survey.
The fauna survey did identify Tenuibranchiurus glypticus (Swamp Crayfish) as occurring in the wetland area of the site. The Swamp Crayfish is listed as an Endangered Species under the Nature Conservation Act 1992 and internationally under the International Union for the Conservation of Nature (IUCN) Red List of Threatened Species.
Little scientific knowledge exists regarding the lifecycle and habitat requirements of the Swamp Crayfish however research has found the species presence is strongly associated with sedges and dense understory. Its distribution is highly restricted, occurring only from Brisbane to the Sunshine Coast. It can be distinguished from other species of crayfish in south east Queensland by its narrow thorax and the vertical alignment of the fingers of the claws. It is often difficult to detect as it burrows into the substrate in coastal wallum swamps and shallow drainage channels. It is usually found among sedges rather than in open water. A large period of the year is spent below ground in elaborate community burrows that may extend over 1.5 m below the surface. The Swamp Crayfish is depicted in the following image:

Figure 11: Tenuibranchiurus glypticus (Swamp Crayfish) (Queensland Museum)
Advice from experts (Dr. Kat Dawkins and Dr. Tim Howell 2018, July, pers. comm.) have verified the importance of maintenance of water quality and habitat values as being essential for the survival of the Swamp Crayfish. Furthermore, due to the cryptic nature, nocturnal habits and size (25mm), the likelihood of additional specimens being found in the area is high with only 2 specimens identified by the applicant’s fauna survey. The IUCN Red List of Threatened Species states site protection for this species is urgently needed as this species faces an extremely high risk of extinction.
Furthermore, recent discussions with Dr. Kat Dawkins has indicated the Tewantin clade represent a new species. It is grouped with two other known populations, of which one is extinct and the other from samples donated from a private property.  As such, unless more populations are identified and analysed, this could potentially be the only remaining population for this species. Based on this expert’s experience with these Swamp Crayfish, ‘construction almost inevitably results in extirpation of the local population’.
Dr. Kat Dawkins advises that the Swamp Crayfish habitat is likely to extend further into wetland habitat and the Q100 flood line is a suitable habitat delineation than the contour line that has been identified by the applicant.
Bushfire
The Natural Hazard Overlay (Bushfire) applies to the site with part of the site being identified as Potential Impact Buffer. A small area in the south east corner of the site is mapped as Very High Potential Bushfire Intensity. The following image identifies these areas:

Figure 12: Area of the site covered by the Bushfire Overlay
In response to the risk from Bushfire the applicant has submitted a Bushfire Management Plan.
The Bushfire Management Plan has identified the site as a Low Bushfire Hazard and recommends constructing the buildings to a Bushfire Attack Level capable of withstanding radiant heat at 19kW.m2 and to ensure vehicle access around buildings.
The Bushfire Management Plan recommends clearing 14.1-metre-wide strip of the understory of vegetation to the east of the buildings to ensure vegetation is less than 200mm. All trees which intrude into 5m of the buildings will required to be managed to ensure they are outside this 5m setback.
This management regime would suitably manage the threat of bushfire however would have a significant impact on vegetation, including wetland habitat, and fauna habitat. It is highly likely, based on expert advice, the local population of Swamp Crayfish would be extinguished if the development were approved as proposed and the bushfire management plan implemented.
Based on expert advice, changes in water flow (both an increase or decrease), erosion and sedimentation, water and soil quality, weed introduction, and vegetation will almost inevitably result in extirpation of the local population of the Endangered Swamp Crayfish. The proposed development fails to meet the overall outcomes of the Biodiversity Code as the development seeks to clear Wetlands which are essential to the survival of the Endangered Swamp crayfish, of which the Tewantin clade is possibly the only known population of a new species.
Current land management practises on the site, including dumping of garden waste in the wetland area, hand dug unlined storm water channels and poor maintenance of water quality devices also do not support further development of this highly sensitive wetland site.
As a result of the issues identified in the Biodiversity and Bushfire sections of this report it is recommended to limit the extent of development so that wetland vegetation and the habitat of the Swamp Crayfish are protected. It is therefore recommended that a Preliminary Approval be issued with conditions that restrict the area which can be developed. In summary this area is defined by the Q100 flood line and land to the west of the existing car park. In order to protect the wetland area and its habitat values in perpetuity, it is reasonable to impose a condition to require this area to be protected by environmental covenant.
Car parking
The Driveways and Car Parking Code specifies a car parking rate for residential aged car of 1 space per 4 residential aged care beds
The applicant has provided a car parking assessment which has been reviewed by Council’s consultant traffic engineer. Based on the applicant’s assessment, the proposed car parking rate is 0.71 car spaces per bed on a normal day and 0.92 spaces on a special day - a special day being Christmas Day, Father’s Day, Mother’s Day, and ANZAC Day. Council’s consultant traffic engineer agrees with these rates.
However, Council’s consultant traffic engineer has also identified an overall shortfall in car parking proposed.
In relation to overall parking provision, the TTM report indicated a normal day requirement for 130 cars, and an event day requirement for 169 cars.  I have previously indicated that those parking requirements are appropriate.
The TTM report at the bottom of the second last page, indicated that the proposed parking supply is 154 spaces (including parking off-site in the service road), and with the addition of 17 space on the internal road on event days only, the event day parking supply would be 171 spaces.
The latest plans indicate a total on-site parking provision of 106 spaces (see notes on drawing 1717 DA 02F), plus the TOD plan (05537 1D, dated June 2005) indicates 18 parking spaces in the service road.  Thus, the latest information indicates that the normal day parking provision would be 124 parking spaces, including parking in the service road.  The proposed normal day parking supply is therefore less than the indicated parking requirement of 130 spaces.  The proposed normal day parking provisions are therefore insufficient.
On event days, allowing for 124 permanent spaces on the site and in the service road, plus 17 spaces on the internal road (which have not yet been satisfactorily demonstrated….), would give a total of 141 spaces on event days, which is less that the identified minimum requirement of 169 spaces.  The proposed event day parking provision are thus also insufficient.
An inspection of the site and historical knowledge identifies that car parking provision is an existing problem for the site. The area adjacent to the 18 marked car spaces within the road reserve is frequently occupied with parked vehicles, with up to 12 extra vehicles parked in an area that is required for vehicle movements (service vehicles and passenger vehicles). The impact of the additional cars is that vehicle manoeuvrability and circulation are restricted and two-way vehicle movement is not possible The impacts of the excess parking is localised to the users of the aged car facility as the road reserve car park generally does not service other vehicles.
As it is proposed to reduce the footprint of the development in response to the ecological issues identified earlier in this report it is possible that a condition of the Preliminary Approval could require that all additional car parking be provided on site at a rate consistent with that determined suitable by the applicant’s traffic engineer and Council’s consultant traffic engineer. The applicable rate would be 0.92 car spaces per additional bed, of which 0.21 spaces per bed are for event days. Event day car parking may be provided in temporary areas on the site and the layout must comply with Australian Standard AS/NZS 2890.1-2004. A parking management plan must also be submitted and approved by Council to manage and direct visitors during event days.
Flooding
The overall outcomes of the Natural Hazard Overlay Code include:
a)	development in areas at risk from natural hazards is compatible with the nature of the natural hazard so as not to place people, property, economic activity, social wellbeing and the natural environment at risk;
b) 	development is resilient to natural hazard events by ensuring siting and design accounts for and minimises potential risks of natural hazards to people and property;
c) 	development supports, and does not unduly burden disaster management response or recovery capacity and capabilities;
d) 	development directly, indirectly and cumulatively avoids a material increase in extent and severity of natural hazards and does not significantly increase the potential damage on the site or to other properties;
f) 	natural processes and the protective function of landforms and vegetation are maintained in natural hazard areas;
The Natural Hazards Code includes the following outcomes:
Outcome 16 -  Community Uses and Infrastructure Uses are able to function effectively during and immediately after flood events.
Development siting and design Outcome 17 - Development provides that for all flood events up to and including the defined flood event—
a) 	the safety of people on the site is protected;
b) 	the capacity to use land in the flood plain is not adversely affected; and
c) 	the risk of damage to property on the site is avoided or minimised as far as practicable.
The Natural Hazards Code includes a probable solution for Community Uses (hospitals and associated facilities) to be constructed with flood immunity to a 1 in 500 year flood event (Q500).
The proposal seeks to develop three buildings within the Q500 flood line, but with the buildings placed on stumps to ensure the floor levels for each building are situated above the Q500 flood line. Whilst it is recognised that the occurrence of a 1 in 500 year event will be rare the variance between the impact of a 1 in 10 year event and 1 in 500 year event on this site is relatively minor. The flood lines for 1 in 10, 100 and 500 year events are detailed in the following image. The image also includes the approximate area of possible Swamp Crayfish habitat and the footprints of the proposed buildings.

Figure 13: Proposed development footprint and flood lines
The applicant has provided a report which addresses the risk of flooding on the site. The report concludes that:
The modelling determined that for all design events, no negative impacts were caused by the proposed development either on or offsite. Access to the proposed buildings….remains flood free with no impacts on human safety identified.
Council has engaged an external consultant who has reviewed the plans and advises that the construction methodology and the proposed floor levels comply with the requirements of Outcome 22 of the Natural Hazard Overly Code. The outcome requires that development does not directly, indirectly or cumulatively alter the flood characteristics external to the development site for all flood events up to and including the defined flood event based on current climate conditions and incorporating an appropriate allowance for the predicted impacts of climate change.
Whilst the application has demonstrated that the development complies with these requirements there is concern the development of an aged care facility within an area that is subject to a natural hazard is not practical.
Council has previous experience of an aged care facility that was located just outside the flood affected area but staff and residents became concerned that the building would be inundated by rising flood waters. In this instance staff, elderly residents and their relatives became extremely distressed due to these perceptions. These concerns are likely to be heightened where the facility is built above the flood waters. For these reasons it is unreasonable to locate an aged care facility within an area that is subject to flooding. The requirement to remove the development from within the Q100 flood line and the adjacent managed vegetation will remove the buildings from the Q500 flood line and will alleviate this concern.
Built Form
The plans provided by the applicant provide limited information with regard to setbacks and building heights. The Information Request included a request for setbacks and building heights to be detailed. This information was not provided and therefore assessment of these elements is based on measurements taken by the author of this report.
The following table details the key development parameters:
Criteria	Planning Scheme	Proposal	Complies?
Site Area	-	4.43ha	N/A
Population density	320 persons per hectare max.	64.33 persons per hectare	
Gross floor area	56,704m2	Existing: 9,0963 m2 Proposed: 2,952m2 Total: 12,045m2	
Site cover	N/A	Existing: 18.9% Proposed: 9.15% Total: 28.05%	N/A
Building height storeys metres	2 storeys max 8 metres	2 storeys 8.5 metres	X
Setbacks	Front: 6 metres Rear: 6 metres Eastern side: 4.25 metres	6.5 metres 6.5 metres 15 metres	
The built form of the proposed development will be generally consistent with the existing buildings on site. The current application proposes buildings which have a maximum height of 8.5 metres which is higher than the 8.0 metres previously approved. The 8.5 metre height is in part a result of the development facilitating a car park below Villa’s 1 and 2. The 0.5 metre variation is considered reasonable as it only relates to a small section of roof. Furthermore, the development will be generally consistent with the surrounding built form on the site, with significant vegetation situated within the broad road reserve. The land to the front of the subject site is also situated lower than the footpath.
cONSULTATION
Referral Agencies
The application was not required to be referred to any Referral Agencies:
Other Referrals
The application was forwarded to the following internal Council officers:
Environment Officer
Development Engineering
Strategic Planning
The application was reviewed by external consultants who reviewed car parking and water quality and quantity.
Submissions
The application was not required to be publically notified for comment from the community. Nevertheless, 68 letters of support were received for the application, 60 being pre-formatted.
The grounds of support included:
Support for the organisation and the existing service which is provided;
There is an existing waiting list and demand for the service;
The service addresses a significant health issue;
There is a lack of aged care facilities in the area;
The area to be developed has previously been approved in 2007;
The facility will provide broader economic benefits;
The service provides a benefit to the community; and
Housing Needs Assessment identifies a need for aged care.
In response to the letters of support it is acknowledged that Carramar provides a valuable community service for which a need currently exists. Whilst there are benefits to the community the proposal is in conflict with the environmental objectives within the scheme. It is not reasonable for these environmental values to be compromised for the reasons discussed earlier in this report. Accordingly, it is recommended that a Preliminary Approval be issued to provide for development on the developable areas of the site having regard to the sites environmental values.
conclusion & REASONS FOR DECISION
The application proposes to develop an additional 6 residential aged care buildings for the purpose of accommodating an additional 48 residents at an existing aged care facility. The proposal also includes an entry/administration building. It is recognised that the proposal provides for a use for which there is a significant need. The proposed development would result in the removal of approximately 7500m2 of vegetation, including wetland vegetation, which is protected by the Biodiversity Overlay. Furthermore, development would occur within an area that is subject to flooding. Habitat for the Swamp Crayfish has been identified on site. The Swamp Crayfish is listed as an Endangered Species under the Nature Conservation Act 1992 and internationally under the IUCN Red List of Threatened Species.
Due to the impact of the proposed development on protected vegetation and the endangered Swamp Crayfish it is recommended that a Preliminary Approval be issued. The Preliminary Approval requires a modified building footprint which protects the ecological values of the site and removes development from within the Q100 flood line. The modified building footprint will protect the wetland vegetation and Swamp Crayfish habitat.
A Preliminary Approval would require the applicant to submit a further development application which demonstrates compliance with the conditions of the Preliminary Approval. Alternatively, the applicant may lodge Representations to the Preliminary Approval seeking that a Development Permit be issued.
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
		x	Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services	x	Disaster Management
		x	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 AUGUST 2018

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