L22 Lodge change app with Council.doc · 132008.175.04

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Background

The site forms part of the Settlers Cove Master Planned Community and has been approved for unit
development since March 2005.

Council approved 23119DA for a Multiple Dwelling of 22 units on the subject site in March 2005 in the form
of a four storey building with pool and recreational facilities. This application was lodged and approved
under the 1985 Schedule to the Planning Scheme and 1997 Strategic Plan.

Following further design and development, a new application for a Multiple Dwelling of 22 units (2008/175)
was lodged and subsequentely appproved by Council on 6th August 2009. The approval provided for a four
storey development in two buildings over basement carparking with landscaping and pools to the south
eastern boundary. This application was lodged and assessed under the Superseded Planning Scheme
(1985 Schedule to the Planning Scheme and 1997 Strategic Plan) due to changes in development
parameters.

In January 2014, Council approved an application to extend the relevant period until 6th August 2017 with a
further extension approved in 2015 taking the currency period to 2019. These approvals were reviewed
against the 2006 Noosa Plan provisions and were considered to be consistent with the requirements of the
2006 Planning Scheme.

In September 2015, an application to extend the currency period was lodged with the application reviewed
against the then Draft Noosa Plan (advertised version 2019) with Council approving an extension to the
currency period until 6th August 2023. A copy of the Development Permit and approved plans are included
in Attachment A and B.


Proposal

As a result of further design and development, the applicant seeks to change the approved plans to provide
a different external presentation and change several conditions to reflect the amended plans. The changes
are required to provide better internal living spaces as well as outdoor spaces through the provision of larger
decks now permitted under the current planning scheme as well as floor to ceiling heights of 2.7 metres.

Key changes include:

       Alterations to external appearance of the building including additional articulation through revised
        deck arrangements
       Change to site cover and gross floor area
       Alteration to roof form
       Alterations to building form
       Alterations to balconies and planters
       Alterations to basement layout including relocation of units
       New storage areas in basement
       Minor increase in height for a small portion of the building – height of 15.38m
       Relocation of northern pathway to be within Council reserve
       Alterations to side boundary setbacks. Noted - Northern side setback altered in response to
        dedication of Council pathway
       Revised landscaped recreation areas

Revised proposal plans are included in Annexure C with Annexure D containing revised engineering and
stormwater management plans. The applicant seeks approval of these amended plans and incorporation
into conditions of approval.


Requested Change to Conditions

As a result of changes to the building the applicant also seeks changes to the following conditions:

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Condition 5. The finished height of the building, including any rooftop plant or structures, shall
not exceed 15 metres above natural and finished ground levels.

Comment: The revised design proposes a height of 15.80m above natural ground surface level.
Proposed Change to Condition 5: Amend condition to reflect proposed height.


Condition 7. All hot water systems installed shall be either solar systems; electric heat pump
systems; or gas systems (LPG or natural).

Comment : The condition is requested to be deleted as the development will incorporate energy and
water efficient instantaneous electric hot water units that have been accepted on previous developments.
Proposed Change: Delete condition 7


Condition 9. 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.
The Landscaping Plan shall include the following:
      9.1. Koala and Glossy Black Cockatoo food trees in accordance with the associated
      Environmental Protection Authority (EcoAccess) approval conditions for the site and
      the approved Settler’s Cove Ecological Restoration Plan and Landscape Master Plan.
      9.2. Locations of nesting boxes for Glossy Black Cockatoos shall be indicated on the
      landscape plans and installed on existing trees to be retained.
      9.3. Vegetation to adequately screen and provide filtered views of the development and
      shade hardscaped areas.

Comment: The applicant advises that the nesting boxes were installed in 2006 in accordance with the
conditions of the RHD lot reconfiguration masterplan. This condition is not relevant and should be deleted.
Proposed Change: Delete condition 9.


Condition 31. The Lower Ground Level carparking area shall be revised as follows:
     • Carspaces 1 and T1 must be deleted and that part of the Lower Ground Level revised to
     provide motorcycle and/or bicycle parking whilst maintaining suitable access to the
     adjacent storage areas.
     • The tandem car park spaces within the Lower Ground Level (numbered T2-T13 and
     T15-T17) must be line-marked and signed so that visitors can only park behind the car
     parking space assigned to the resident that they are visiting. For example, if space
     number T2 is assigned to Unit 2, then space number 2 must be assigned as a visitor
     space for Unit 2.
     • Six (6) of the single car park spaces within the Lower Ground Level must be linemarked
     and signed specifically as resident spaces.
     • The remaining single spaces in the Lower Ground Level must be line-marked and
     signed specifically for “Visitor Parking Only”.

Comment: The revised car parking has been redesigned to comply with the current Noosa Plan
requirements which no longer requires motorcycle or bicycle parking for accommodation activities. The
project engineer have advised that the visitor car parking is visible and located to avoid the requirement for
any turn bays within the basement
Proposed Change to condition 31: Delete or amend condition to reflect revised layout.


Condition 37. The proposed turning area at the end of the aisle that serves proposed car park
spaces 8 to 14 shall be line-marked with chevrons and have the words “No Parking” painted
on the pavement. A sign shall also be provided to indicate that the area is a “Turning Area
Only” and that “No Parking is Permitted”.

Comment: The project engineer advises that the condition is no longer valid due to new parking layout.
Proposed Change to condition 37: Delete or amend condition to reflect revised layout.

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Condition 35. A minimum of 3 uncovered car park spaces and 41 covered car park spaces
shall be provided on site, including 2 clearly defined disabled car park spaces.

Comment: Due to the restricted road frontage and the requirement for the provision of landscaping to the
street, only two uncovered car parking spaces are able to be provided at the front of the site. The revised
car parking layout includes the provisions of a PWD bay and SRV bay as required with the additional visitor
bays allocated within the basement area. An intercom system is to be provided in accordance with
condition 32.
Proposed Change: Amend condition to reflect revised proposal plans.


Condition 73: General refuse and recycling collection and storage system to include:
     73.1. Use of 1.1 cubic metre low noise bulk bins.
     73.2. A bin wash facility within each of the three basement waste storage areas.
     73.3. Refuse chutes must be provided in accordance with Council’s Policy for “Refuse
     Chutes and Accessories in Multi Storey Buildings”.

Comment: Similar to adjoining Settler’s Cove developments, a central bin wash facility is provided within
the basement that will be managed by the onsite caretaker. Condition 73.2 is requested to be amended to
reflect the central bin wash area as detailed on the revised plans.

Proposed Change 73.2: A bin wash facility is to be provided in the basement waste storage
area.


Condition; 74. General refuse and recycling disposal system to include:
     74.1. Deletion of the proposed landscaping from the north western corner of the lot to
     allow for an external bulk bin storage area. The Landscaping plan submitted for approval
     shall show this change.
     74.2. A paved flat and level area adjoining the front boundary and the western side of the
     driveway. This area is to extend along the driveway for 5 metres length with a 1.5 metre
     depth.
     74.3. The adjoining 5 metre length of driveway to be level without any step up or down
     between the driveway and the storage area.
     74.4. The driveway not having any step at the roadway gutter.
     74.5. The development permit for operational works to show compliance with these
     requirements for the storage area and driveway, and be submitted to Council’s Healthy
     Places Unit for approval prior to issue of the permit.
     74.6. The storage area being suitably screened from public places and neighbouring
     properties.
     74.7. The storage area only being used for bin storage the day prior to collection and on
     the collection day.

Comment: The proposed amended design allows for three bin storage enclosures within the basement
adjacent to the lifts which will be actively managed by the caretaker of the site. This type of refuse collection
and arrangement has been accepted on adjoining developments and is currently working well. The
requirement for a bulk bin area at the front boundary will be unsightly and detrimental to the street and
functioning of the development. The condition is requested to be deleted.

Proposed Change: Delete condition 74.


Planning Act 2016

Section 78 of the Planning Act 2016 provides for a person to make a change to a development
approval. The changes can either be minor changes or other changes as provided for in sections 81
and 82 of the Act. Minor change is defined in the dictionary in Schedule 2 of the Act and is
reproduced below.

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      minor change means a change that—

     (b) for a development approval—
          (i) would not result in substantially different development; and
          (ii) if a development application for the development, including the change, were made when
               the change application is made would not cause—
               (A) the inclusion of prohibited development in the application; or
               (B) referral to a referral agency, other than to the chief executive, if there were no referral
                   agencies for the development application; or
               (C) referral to extra referral agencies, other than to the chief executive; or
               (D) a referral agency to assess the application against, or have regard to, matters
                   prescribed by regulation under section 55(2), other than matters the referral agency
                   must have assessed the application against, or have had regard to, when the
                   application was made; or
               (E) public notification if public notification was not required for the development
                   application.

The proposed changes to the development approval are considered to constitute a minor change as
detailed below.

       (i) would not result in a substantially different development –

           The proposed changes do not result in a substantially different development as the
           changes do not:

                        involve a new use with additional impacts;
                        apply to a new parcel of land;
                        dramatically change the approved layout;
                        have significantly greater impacts on traffic flow;
                        introduce new impacts or increase the severity of known impacts; and/or
                        impact on infrastructure provision.

         (ii) if a development application for the development, including the change, were made when
              the change application is made would not cause—
              (A) the inclusion of prohibited development in the application; or

            The proposed changes do not include any prohibited development.

            (B) referral to a referral agency, other than to the chief executive, if there were no referral
               agencies for the development application; or
            (C) referral to extra referral agencies, other than to the chief executive; or
            (D) a referral agency to assess the application against, or have regard to, matters
               prescribed by regulation under section 55(2), other than matters the referral agency
               must have assessed the application against, or have had regard to, when the
               application was made; or

            There are no new referral agencies if a development application including the change
            were remade now.

            (E) public notification if public notification was not required for the development
               application.

            Public notification was required for the development application and would NOT be
            required if a development application including the change were remade under the 2020
            Noosa Plan.

The proposed changes to the approved plans are considered to be defined as a minor change.

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Assessing and Deciding Request for Change

Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider
when assessing and deciding applications for minor changes and it is reproduced below.

       (2) When assessing the change application, the responsible entity must consider—
             (a) the information the applicant included with the application; and
             (b) if the responsible entity       is the assessment manager—any properly made
             submissions about the development application or another change application that was
             approved; and
             (c) any pre-request response notice or response notice given in relation to the change
             application; and
             (d) if the responsible entity is, under section 78A(3), the Minister—all matters the
             Minister would or may assess against or have regard to, if the change application were
             a development application called in by the Minister; and
             (da) if paragraph (d) does not apply—all matters the responsible entity would or may
             assess against or have regard to, if the change application were a development
             application; and
             (e) another matter that the responsible entity considers relevant.

       (4) The responsible entity must consider the statutory instrument, or other document, as in
       effect when the development application for the development approval was properly made.

       (5) However, the responsible entity may give the weight the responsible entity considers is
       appropriate, in the circumstances, to—
             (a) the statutory instrument or other document as in effect when the change application
             was made; or
             (b) if the statutory instrument or other document is amended or replaced after the
             change application is made but before it is decided—the amended or replacement
             instrument or document; or
             (c) another statutory instrument—
                 (i) that comes into effect after the change application is made but before it is decided;
                 and
                 (ii) that the responsible entity would have been required to consider if the instrument
                 had been in effect when the development application for the development approval
                 was properly made.

The most recent extension application was approved in August 2019 under the now superseded Noosa
Plan (2006) and also a draft version of the Noosa Plan 2020.

The applicable planning instruments that Council must have regard to are:
              State Planning Regulatory Provisions;
              State Planning Policies;
              1985 Schedule to the Noosa Plan; and
              Noosa Plan 2020.

The original approval and subsequent extension applications were considered consistent with the higher
order State Regulatory Provisions and Planning Policies. The proposed design modifications will not
substantially change the existing approval and are still considered consistent with these higher order
provisions.

A comparison of the proposal against the provisions of the current Noosa Plan and the existing approval is
detailed in the table below.

 Noosa Plan 2020                         Proposal - revised plans    Proposal     Existing Approval
                                                                     Compliance

 Population density – Nil                22 Units                                22 Units

 Gross Floor Area – 1:1                  4810m2                                  4400m2 (1985 Scheme permitted a max
 Residential High Density zone :4810m2                                            of 5330m2)

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 Site cover - 40%                            40%                                          27%

 Landscaping – 40% with 60% soft                                                          3885m2
 landscaping                                                                           

 Roof form – Nil                             3 degree roof pitch for main roof form.      5 degree minimum pitch

 Eaves - Nil                                 Eaves provided                               Eaves provided

 Boundary setbacks
 • Frontage -6.0m first and second storey    1 to 2 storey - 6.0m                         1 to 2 storey -6.0m
            - 10.0m third storey             3rd storey - 6m                           X   3rd storey - 10m

 • Side – 1.5 up to 4.5m; 2m between 4.5     Complies                                     • Northern Side – half building height
 and 7.5m; 2m plus 0.5 for 3 m above 7.5m                                                  • Southern Side - half building height

 • Rear – 6.0m                               Complies                                     • Rear – 6.0m

 Building Height
 • in storeys - 4 storeys max                4 storeys                                    • in storeys - 4 storeys
 • in metres - 15 metres max                 15.38 metres                              x   • in metres – 15 metres

 Length of wall
 • 15 metres with one design element         • complies                                   16.4m
                                             • variation in roof forms                 
                                             • segmented balconies                     

 Carparking - 2 covered space per dwelling   44 spaces plus 6 visitor                     44 spaces
 unit and 1 space per 4 dwelling units for
 visitor parking.



The revised plans maintain the approved built form for the site whilst providing for a changes to the overall
appearance and internal layouts of the building. The plans are considered to be consistent with the form of
the development approved for the site and comply with site cover and landscape open space requirements
under all schemes with the most significant change relating to gross floor area. The increase in gross floor
area is still below that permitted under the Superseded 1985 Scheme and consistent with the calculated
Residential High Density zone area. The applicant also seeks to utilize the Noosa Plan 2020 definition of
Gross Floor Area which excludes:

    (a) building services, plant or equipment; or
    (b) access between levels; or
    (c) a ground floor public lobby; or
    (d) a mall; or
    (e) parking, loading or manoeuvring vehicles; or
    (f) unenclosed private balconies, whether roofed or not.

In this regard large private balconies have now been provided for the units which would previously been
considered as gross floor area. The provision of the large balconies provides extended private open space
for the units increasing the livability of the units and is consistent with the established and desired built form
of the area.

The Noosa Plan 2020 details that Multiple Dwellings are code assessable uses and are required to be
assessed against the following codes:

         Noosa Heads Local Plan Code
         High Density Residential Zone code
         Dual Occupancy and Multiple Dwelling Code
         Works Code

The proposal has been reviewed against these codes and is generally consistent with the provisions except
in relation to height and setbacks.

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Height

Council has previously agreed to relaxations within the Settlers Cove development for height on the basis
that the sites slope down from the road with the buildings set down below the road and not visible to the
surrounding area. The revised plans demonstrate compliance with height for the majority of the building with
a small corner section of the roof line intruding over the height limit. This area of intrusion will not be visible
from the street or surrounding areas.

The encroachment has been reviewed against Performance Outcome PO5 of the Noosa Plan 2020 below:

       PO5 Buildings and structures:

       (a)       are low rise and present a building height consistent with structures on adjoining and
       surrounding premises;

       Building height is consistent with the height of buildings in the surrounding area noting that Council
       has approved several minor encroachments on surrounding sites.

       (b)      are designed to provide an interesting streetscape and complement landform changes and
       landscapes;

       Building steps down the slope of the site and with the area of encroachment not visible to the street.

       (c)        do not visually dominate the street or surrounding area;

       The area of encroachment will not be visible to the street.

       (d)        respect the scale of existing vegetation, maintaining a vegetated skyline;

       The area of encroachment relates to a corner of the building and is consistent with heights in the
       area.

       (e)       preserve the amenity of surrounding premises including privacy, views and access to
       sunlight;

       The area of encroachment is to the centre of the site and will not be visible to the surrounding
       premises or affect views or access to sunlight.

       (f)       do not exceed three storeys , except for lots with frontage to Serenity Close, Noosa Heads
       which do not exceed four storeys.

       The area of encroachment does not exceed four storeys.




2021 Proposed areas of height encroachment

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Setbacks

The revised plans generally comply with setback provisions except in relation to the third storey building
setbacks for Building A. The existing approval provided a 10 metre setback for the third storey whereas the
revised plans provide the third storey with a 6 metre setback to eaves and 7.2m to the façade. The area of
intrusion is considered minor with the balcony on the corner of the building providing variation to the built
form and street presentation. The proposal has been reviewed against the

PO9 Buildings and structures are designed and sited to:

    (a) provide a high level of amenity to users of the subject site and adjoining premises, including
        provision of visual and acoustic privacy;

    The third storey setback is located within building A which is located at the end of the Serenity Close
    and slopes downwards away from the street frontage. The building façade is well articulated and the
    reduced upper level setback does not impact on the adjoining vacant lot or pedestrian areas.

    (b) not unreasonably obstruct views or cause overlooking of private open space or habitable areas
        of adjoining premises;

    The reduced third storey setback does not impact on the amenity of surrounding vacant lots.

    (c) provide adequate distance from adjoining land uses;

    The reduced third storey setback is well setback from the units to the west and future resort
    development to the north.

    (d) preserve existing vegetation that will help buffer development;

    The reduced upper level setback does not affect vegetation

    (e) allow for space and landscaping to be provided between buildings including adequate area
        at ground level for landscaping with trees, shrubs, outdoor living and utilities;

    The reduced upper level setback does not affect ground level landscaping.

    (f) be consistent with the predominant character of the surrounding area;

    The reduced upper level setback and building design is consistent with the pattern of development in
    the area.

    (g) protect the natural character and avoid adverse impacts on ecologically important areas such as
        national parks, waterways and wetlands.

    The reduced setback does not affect the natural values of the site.


Noosa Plan 2020 – Works Codes

The proposal has been reviewed against the Noosa Plan 2020 Works Code with an updated Stormwater
Management Plan included in Attachment B.

The proposal has also been revised against the Sustainable Building Design Code with the project architect
advising that the building has been designed to incorporate numerous climate responsive development
principles including, but not limited to:

      - Building cores service two apartments at each level to maximise flow through cross ventilation to
      each entire apartment

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      - Buildings have been oriented on the East West axis to maximise apartment apertures to North and
      South aspects, promoting the access to prevailing winds and capturing the desired Northern outlook

      - Apertures to the East and West have been minimised reduced in size, and where included, shaded
      through both horizontal sun shades and vertical screening

      - Transitions from internal to external spaces are expansive and seamless

      - The retention of the Covenant E land area ensures the proposed development benefits from
      extensive natural shading form the West

      - The external built fabric of the development shall meet or exceed the Part J requirements as
      required in the National Construction Code

      - Where possible low or no VOC products shall be employed in the construction of the proposed
      development

      - The floor plate design provides all habitable rooms with access to natural light and ventilation,
      reducing the reliance on artificial controls

      - Each habitable room in the project contains two opening windows or doors to maximise cores flow
      ventilation

      - Finished cleaning heights within the proposed apartment shall achieve 2700 to habitable spaces
      and 2550 to non habitable spaces

      - Proposed materials and finishes have been selected with a high emphasis on ease of maintenance


Conclusion

The applicant wishes to make a change to the existing approval by changing the approved plans to reflect a
revised building design that is more relevant to the current market and provides a more liveable building.
Changes to the conditions are requested to reflect the change in plans as well as the specifics detailed
above.

Grounds in support of the proposed changes include, but are not limited to the following:
           the changes to the built form result in a building that is consistent in terms of scale, bulk and
            appearance,
           there is no increase in the number of units;
           the building design is consistent with the character of the area
           there are no changes in traffic generation and therefore no additional impacts on the existing
            driveway access;
           the areas of non compliance are minor and are consistent with the current approvals relevant
            for the site;
           the proposed changes are consistent with the existing development conditions; and
           the revised plans provide a more livable building that is characteristic of the built form in the
            area.

The change is requested to be favourably considered by Council.

The following documents are attached for Council’s information:
          1. Completed Form 5;
          2. Attachment A – Existing Approval
          3. Attachment B – Existing Approved plans

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          4. Attachment C – Proposal Plans
          5. Attachment D - Stormwater Management Plan

Please contact me at our Sunshine Coast office if you require any further information and/or clarification.


Yours faithfully,




Nadine Gorton
Senior Town Planner
martoo consulting pty. ltd