Extension to Currency Period Report 132008.175.03

Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	132008.175.03
Development Approval	Material Change of Use - Extension to Currency Period
Applicant	CBD Settlers Cove Pty Ltd
Request Received On	9 July 2019
Report Completed Date	1 August 2019

PROPERTY DETAILS
Property Address	16 Serenity Close, Noosa Heads Qld 4567
RP Description	Lot 9 on SP195871
Land Area	5,878.29m2
Existing Use of Land	Vacant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Attached Housing
Overlays	Biodiversity (Environmental Enhancement Area, Riparian Buffer Area) Natural Hazard Overlay (Bushfire Hazard and Acid Sulfate Soils)
Assessment Type	Extension to Currency Period

PROPOSAL
The applicant seeks an extension to the currency period of 132008.175 - Development Permit for a Material Change of Use for Multiple Dwellings (22 Units). The applicant requests an extension of four years to 6 August 2023 due to the construction timetable and lead in time for each development, scheduled as per the following:
CBD Settlers Cove Pty Ltd have started construction of units at Lot 7 with completion expected sometime late 2020.
Following completion of Lot 7 construction of Lot 8 will commence with completion expected around March 2022.
Following completion of Lot 8 construction of Lot 9 will commence with completion expected around March 2023 to 2024.
background
The site is one of 8 Residential High Density lots created under development approval 23118DA in 2003 for Settler’s Cove. The approval established the following:
A combination of Residential High Density and Detached Housing allotments;
Developable areas within those lots, with retained vegetation and environmental corridors within lots protected under covenants; and
Public conservation land dedications of approximately 20Ha of significant environmental areas.
A development approval for a Material Change of Use – Multiple Dwelling (22 units) was issued on 6 August 2009 over the newly created lot. The development consists of 22 x two and three bedroom units serviced by a basement car park for 43 cars.  The units are contained within two separate buildings above the common basement.  The original application was publicly notified and no submissions were received.
Council approved an extension to the relevant period on 15 January 2014, extending until 6 August 2017. On 14 September 2015 Council issued a second extension until 6 August 2019.
assessment
Pursuant to section 87 of the Planning Act 2016:
When assessing an extension application, the assessment manager may consider any matter that the assessment manager considers relevant, even if the matter was not relevant to assessing the development application.
The matters which are considered to be relevant to the assessment of the application are discussed in detail below:
South East Queensland Regional Plan
In accordance with ShapingSEQ (South East Queensland Regional Plan 2017) the subject site is identified as Urban Footprint. The Urban Footprint identifies land within which the region’s urban development needs to 2041 can be accommodated in a way consistent with the goals, elements and strategies of ShapingSEQ. The proposed use is considered consistent with the intent of ShapingSEQ.
The Noosa Plan (2016)
The approved development was originally assessed against the superseded Planning Scheme for the Shire of Noosa, however subsequent requests in 2013 and 2015 for extensions to the currency period were assessed against the provisions of The Noosa Plan and the proposal was found to be generally compliant with the requirements of the planning scheme. The subject site is within a split zone, being Attached Housing and Open Space Conservation. The proposed use, being 22 multiple dwellings, is located within the Attached Housing zone portion of the site and is a consistent use in this locality. The overall outcomes for the Attached Housing Zone in Noosa Heads are:
Residents and visitors are accommodated in predominantly Multiple housing forms that
offer a high level of residential amenity, design quality and safety; and
respect the scale and character of the streetscape and surrounding development.
The extension request does not propose any changes to the development. The proposal is considered to be generally compliant with the current requirements under The Noosa Plan.

Infrastructure Charges
The previous extension approval resulted in an Infrastructure Charge Notice for the amount of $5,184 being issued on 14 September 2015 in relation to the Public Transport network missing from the original approvals & Infrastructure Agreement dated 19/12/2013.
This extension request trigger an updated Infrastructure Charge Notice to be issued relating to the Parks network, which was incorrectly omitted from previous approvals. Council’s Infrastructure Assessment Coordinator has provided the following Advisory Note to be included on the Decision Notice:
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charges Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
This Infrastructure Charge relates only to the “Public Parks & Land for Community Facilities” network previously missing from the earlier approvals.
Community’s Current Awareness of the Development, Rights to Submit and Likelihood of Further Submissions
The original application was publicly notified in February 2009.  The developer has maintained awareness through its publicity, sales material and signs on the site showing the future development. In addition, six of the lots approved under the original subdivision have been developed, construction has started on Lot 7, and the subject site has been cleared within the ‘developable area’ approved under the original subdivision approval.
An application under the current Noosa Plan would be impact assessable, however submissions raising valid grounds for objection would not be expected, given the development is broadly consistent with the planning scheme and surrounding development.
Concurrence Agencies
There original application was referred to DNRW and DERM in relation to vegetation and koala matters respectively.  The lead agency for these matters is now the State Assessment & Referral Agency (SARA). Referral is not required for requests to extend the currency period under the Planning Regulation 2017.
conclusion
The application for an extension to the currency period for 132008.175 - Development Permit for a Material Change of Use for Multiple Dwellings (22 Units) until 6 August 2023 does not raise any significant issues and is recommended for approval.
RECOMMENDATION
It is recommended Application No. 132008.175.03, for a Development Permit for Material Change of Use - Extension to Currency Period situated at 16 Serenity Close, Noosa Heads Qld 4567  described as Lot 9 on SP195871 be approved, and  the extension to the currency period and amend condition 22 to read as follows:
It is recommended the Currency Period for 132008.175.03 is extended for a period of 4 years, to now expire on 6 August 2023. Condition 22 and additional Advisory Note is to be included as follows:
Relevant Period
22. 	The Development Permit for a material change of use lapses if the use has not happened by 6 August 2023, unless an application to extend the currency is approved by Council
Additional Advisory Note – 5 August 2019
Infrastructure Charges
This Change to an Existing Approval will trigger an “Infrastructure Charges Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue.
This Infrastructure Charge relates only to the “Public Parks & Land for Community Facilities” network previously missing from the earlier approvals.

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EXTENSION TO CURRENCY PERIOD – DELEGATED REPORT