132002.220611.5 - Delegated Report

DELEGATED REPORT
PLANNING

REQUEST TO EXTEND RELEVANT PERIOD

Application No:	132002.220611.5
	
Author:	Denis Wallace – Coordinator Planning
	

SUMMARY:

APPLICATION DETAILS
Application Number:	132002.220611.5
Applicant:	Settlers Cove Developments
Request Received Date:	17/12/13
Original Approval Type:	Development Permit for Material Change of Use of Premises - Multiple dwellings 23 units
Number of Submissions for Original Application:	19

PROPERTY DETAILS
Property Address:	14 Serenity Close NOOSA HEADS  QLD  4567
RP Description:	Lot 8 SP195871
Land Area:	No Land Area details available
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (23 May 2011)
Planning Locality:	Noosa Heads Locality Attached Housing Zone
Planning Zone:	
Assessment Type:	Extension to relevant period

PROPOSAL:

The applicant seeks a 2 year extension of the relevant period of Development Permit 132002.220611 for a Material Change of Use - Multiple Dwelling (22 units).

The applicant requests the extension of for the following reasons:
Due to the Global Financial Crisis the applicant has been reviewing the design of the units to ensure that the product meets actual market demand. This review has involved discussions with Council staff and taken considerable time.
To meet actual construction time frames, further time is required to ensure the development will be able to constructed/finalised by the specified lapsing date.

BACKGROUND:

Approval History

A Negotiated Decision Notice for a Development Permit for Material Change of Use - Multiple Dwelling (23 units) was approved on the 24 August 2005 under the Superseded Planning Scheme. At the time the original application was publicly notified, 19 properly made submissions were received.  The submissions primarily concerned gross floor area, open space area and stormwater management aspects of the development.

On the 10 June 2010, a change to the original approval was issued that reduced the number of units from 23 to 21, reduced the gross floor area and the setback incursions. A common access was also included with the neighbouring development at Lot 7 Serenity Close. The amended plans were also assessed against the Attached Housing provisions of The Noosa Plan and was revealed that the gross floor area component exceeds the provisions by 10%. It was determined that the conflict does not raise significant concerns due to the proposal’s consistency with the existing and approved development within Serenity Close. The relevant period for the approval was also extended until the 4 November 2011.

A Preliminary Approval for Operational Works has recently been issued predominantly relating to the adjoining Lot 9 and a portion of Lot 8, as fill is required to be placed on this site in order to complete the development.

On 28 December 2011 Council approved a further extension to the currency period and changes to the approved plans to bring them into further compliance with The Noosa Plan.  The changes included:
Removal of the two storey penthouses from the 21 unit development and replace with an additional 1 unit (total of 22 units on site); and
Reduction in gross floor area and building mass.

On 30 April 2014 Council agreed to a 2 year extension to the approval.

Construction Status

Construction of the Settlers Cove high density residential lots fronting Serenity Close has progressed south/west along the street though completion of the unit buildings did slow considerably during the GFC period.  Construction of the “Emerald” (on what was Lot 6) is currently nearing completion.  The aerial photograph below was taken on 25 May 2016 showing Emerald under construction, with the roof mostly complete.

Aerial Photograph of Serenity Close Taken May 2016

STATUTORY PROCESS:
In accordance with Section 388 of the Sustainable Planning Act 2009, in deciding a request to extend the relevant period, the assessment manager must only have regard to:
(a)	the consistency of the approval, including its conditions, with current laws and policies        applying to the development, including, for example, the amount and type of infrastructure contributions, or infrastructure charges payable under an infrastructure charges schedule;
(b)	the community’s current awareness of the development approval; and
(c)	whether, if the request were refused-
(i)	further rights to make a submission may be available for a further development application; and
(ii)	the likely extent to which those rights may be exercised; and
(d)	the views of any concurrence agency for the approval…

ASSESSMENT:

Consistency with Current Planning Scheme & State Policies/Regulations

The original approval was given under the Superseded Planning Scheme.  The table below shows the current approved development’s degree of consistency with current planning provision under The Noosa Plan.

Criteria	The Noosa Plan	Proposal	Complies
Population density	164	72.6	
Gross floor area	4,668m² max	4,666m²	
Site cover	40%	28%	
Landscaped open space	2,178m² min	>3,000m²	
Length of wall	15m	15m	
Boundary setbacks Frontage (s) Side Side Rear	6m 10m - >2 st 4.9m min 7.5m min 6m	6.0m 22.0m 3.5m 7.5m 6m	X
Building height in storeys in metres	4 storeys max (changed definition) 15m max	5 17m	X X
Carparking	50	53	

Previous changes to the development plans have reduced the Gross Floor Area to accord with The Noosa Plan.  The development remains, however, inconsistent with current provisions for side setbacks and building height.  These non-conformances were considered in the most recent approval to change the development in 2011 and found to be acceptable.  Further review is provided below.

Side Setbacks
Side boundary encroachments are mainly between the developments on Lot 7 and Lot 8, are minor only and relate to small portions of relatively well articulated buildings.  The setbacks are considered to meet the Specific Outcomes of the Noosa Heads Locality Code and will not negatively impact upon the streetscape of Serenity Close.

Height
In regard to the buildings being above height both in storeys and metres, changes to the approvals for Lot 7 and Lot 8 have included a shared driveway arrangement, meaning that the basement level has became a storey under The Noosa Plan definition and is greater than 15m in height through a portion of the building when measured from natural ground levels. The height of the building at this section is not a significant concern because it is between the two unit buildings at the driveway accesses the basement and does not face the road frontage.  The buildings are otherwise compliant with  the maximum height requirements for the locality and are unlikely to raise any reasonable submissions.

Overall, the development’s degree of consistency with current planning provisions, including local and State statutory instruments is satisfactory and there are no aspects of non-conformance that preclude extension of the approval.

Koala State Planning Regulatory Provisions

The site is within a Koala Assessable Development Area and development on the site is now subject to the provisions of Division 7 of the SPRP.  The development does not involve clearing of trees within a mapped bushland habitat area and meets the regulatory provisions.

Infrastructure Charges

Under the provisions of the existing approval infrastructure contributions have not been required for the following relevant network:

	Stormwater

This network is now applicable to the proposed development. In accordance with the position adopted by Noosa Council on 6 February 2014, an infrastructure agreement is required to secure the additional charges for these networks so that the approval remains consistent with current laws and policies applying to the development. The applicant previously agreed to enter into an infrastructure agreement in relation to the previous extension to currency application, an agreement was executed in March 2014.

The current extension will also trigger a further infrastructure charge notice in relation to the Public Parks & Land for Community Facilities network that was previously incorrectly credited for the transfer of Public Esplanade & Conservation Land donated without consideration under the "Deed in Respect of Conservation Land and Public Esplanade dated 16th August 2004" and "Deed of Novation dated 19th October 2005".  Amended and additional advisory notes are to be applied and are included in the recommendation.

Community’s Current Awareness of the Development, Rights to Submit and Likelihood of Further Submissions

The original application was publicly notified in 2003. The period of time that has elapsed since the original notification period would normally be of concern but the following exceptional factors relating to the development of Settler’s Cove are considered to have maintained public awareness of the development and limit the likelihood of further submissions:

Serenity Close is a cul-de-sac street with the unit building on this site only neighbouring another yet-to-be-built Settlers Cove unit building.

Settlers Cove marketing and sales material includes details of all buildings approved for Serenity Close and maintains awareness in this way.

Signage has been maintained at the front of the undeveloped lots promoting the approved unit buildings to be built.

The approved development is consistent with the key acceptable solutions of the locality and is unlikely to raise any reasonable submissions raising significant issues.

Signage at Frontage of Subject Site Showing Future Development

Concurrence Agencies

There were no concurrence agencies to the original application.

RECOMMENDATION

APPROVED - It is recommended that the Relevant Period for 132002.220611.5 is extended for a period of 2 years to expire on 4 November 2019, in accordance with the following:

Amended Condition 11
This Development Permit for a material change of use lapses if the use has not happened by 4 November 2019, unless an application to extend the relevant period is approved by Council.

Amended & Additional Infrastructure Charges Advisory Notes

Additional Advisory Notes (10 June 2010) - Amended 7.7.16
7.	Please contact Council on email: [email protected] a minimum of 5 business days prior to making payment of the infrastructure contributions and charges to obtain the current indexed amounts applicable at the time of making payment.
8.	The applicant is advised that development contributions and infrastructure charges applicable to this Change to Existing Approval have been based on the following Use Classes / Uses and applicable quantities:-
Existing Development	Approved Development
Existing Use Class / Use	Existing Quantity	Approved Use Class / Use	Approved Quantity
Detached House	Vacant Land (1 Lot)	Multiple Housing - Type 4 – Conventional	22 x 3 Bedroom Units
Special Note:	The following credits apply to this development for previous contributions under earlier approvals: Water Supply & Sewerage Networks = 100% (Headworks contributions paid under Rezoning Deed R66 and detailed in planning reports 23118 DA dated 14/11/2003 and 23120 DA dated 27/05/05); Pathways network = 100% (Offset for construction of “trunk” pathway under 23118 DA; Road network = 1 detached house lot created under 23118 DA; Parks network = 1 detached house lot created under 23118 DA; Public Transport network = 100% (Contribution payable under the Infrastructure Deed dated 11 March 2014 (Council Ref IA 25); Stormwater network = 100% (Contribution payable under the Infrastructure Deed dated 11 March 2014 (Council Ref IA 25).

Additional Advisory Note (dated 7.7.16)
12.	This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges). This Infrastructure Charge relates to the Public Parks & Land for Community Facilities network that was previously incorrectly credited for the transfer of Public Esplanade & Conservation Land donated without consideration under the "Deed in Respect of Conservation Land and Public Esplanade dated 16th August 2004" and "Deed of Novation dated 19th October 2005".

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