Council Report MCU18 0009.03

MCU18/0009.03 - other CHANGE TO DEVELOPMENT APPROVAL FOR Material Change of Use - Multiple Housing –Type 3 Retirement & Special Needs AT 186 COOROY-NOOSA ROAD & 4 Carramar St, TEWANTIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0009.03

Attachments	1. 	Proposal plans
2.	Approved plans

APPLICATION DETAILS
Applicant	Noosacare Inc
Proposal	Material Change of Use - Residential care facility
Properly Made Date	8 October 2020
Information Request Date	3 November 2020
Information Response Date	27 November 2020
Decision Due Date	29 January 2021

PROPERTY DETAILS
Property Address	186 Cooroy Noosa Road, Tewantin 4 Carramar Street, Tewantin
RP Description	Lot 2 SP 177554 Lot 19 RP 162486
Land Area	40,470m² 1,370 m²
Existing Use of Land	Residential aged care facility Vacant land

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin
Zone	Community Facilities Zone Environmental Management and Conservation Zone
Overlays	Land Subject to Acid Sulfate Soils Overlay Biodiversity, Waterways and Wetlands Overlay Bushfire Hazard Overlay Flood Hazard Overlay
Assessment Type	Other Change to Approval Code
RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 9 February 2021 regarding Application No. MCU18/0009.03 for an Other Change to a Development Permit for Material Change of Use - Residential Care Facility situated at 186 Cooroy Noosa Rd, Tewantin & 4 Carramar St, Tewantin and:
A.	Approve the change.
B.	Amend condition 1 to read as follows:
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A101A		Existing Part Site Plan by Middap Architecture	Feb 2019
A102A		Proposed Site Works Plan by Middap Architecture	Feb 2019
A103B	B	Proposed Building Plan by Middap Architecture	Feb 2019
A104B	B	Site Plan with Section and Elevation References by Middap Architecture	18.03.2019
A105B	B	Site Elevations by Middap Architecture	18.03.2019
A106B	B	Typical Villa Sections by Middap Architecture	18.03.2019
A201B	B	Villas and Service Core Floor and Roof Plan by Middap Architecture	18.03.2019
A202B	B	Proposed Villas and Service Core 3D Views by Middap Architecture	18.03.2019
A203A		Proposed Entry Building Floor and Roof Plan by Middap Architecture	18.03.2019
A204A		Proposed Entry Building Elevations and 3D Views by Middap Architecture	18.03.2019
A205B	B	Proposed Villa 1 and 2 Floor and Roof Plan by Middap Architecture	18.03.2019
A206B	B	Proposed Villa 1 and 2 Elevation and 3D Views by Middap Architecture	18.03.2019
A207A		Proposed Villa 3 and 4 Floor and Roof Plan by Middap Architecture	18.03.2019
A208A		Proposed Villa 3 and 4 Elevation and 3D Views by Middap Architecture	18.03.2019
1		PART SITE PLAN	Received by Council on 03.04.2020
2		BOUNDARY ELEVATION	Received by Council on 03.04.2020
1714-20	I	Design Features Plan 1 of 7 by Callaghan & Toth Civil, Environmental & Hydraulic Engineers	November 2020
1714-27	I	Design Setout Plan 1 of 6 by Callaghan & Toth Civil, Environmental & Hydraulic Engineers	November  2020
16519-C101	D	Proposed Permanent and Event Day Parking prepared by TOD Engineers & Project Managers as amended in red by Council	08.09.20
C.	Include the following additional conditions:
49.	The car park in Lot 19 on RP162468 (4 Carramar Street) must only be used by staff.
50.	No lighting is to be provided to the car park in Lot 19 on RP162468 (4 Carramar Street).
51.	Access to the car park in Lot 19 on RP162468 (4 Carramar Street) must only be via the existing access from Cooroy Noosa Road. In this regard a locked gate must be provided to prevent vehicle access to/from Carramar Street.
52.	To minimise potential noise impacts on adjacent residential areas, the western carpark in Lot 19 on RP162468 (4 Carramar Street) must not be used between the hours of 6:30pm and 6:30am unless otherwise approved in writing by Council. A fence and gate must be provided, generally along the eastern boundary of the Lot, preventing access to the carpark between these hours.
53.	The existing fencing to the northern and western boundaries must be maintained, if the fencing is replaced the minimum height of any new fencing must be 1.8 metres.
54.	Screening vegetation must be planted along the western boundary in accordance with Council’s Planning Scheme Policy PSP2 - Landscaping.  The planted vegetation must have a minimum pot size of 45 litres and consist of native, endemic species with a mature height of not less than 2 metres and a maximum spacing of 2 metre centres.
D.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks to make an Other Change to the existing approval for Multiple Housing Type 3 – Retirement and Special Needs (32 beds) by providing some of the required car parking on the adjoining lot at 4 Carramar Street, Tewantin and rearrange the approved car parking layout on the existing Carramar site. The approval required provision of 161 car spaces based on a ratio of 0.92 car spaces per bed.  The facility has a total of 174 beds.
The applicant advises that the proposal includes:
New carparking area on 4 Carramar Street for 15 cars.
Access to new carparking area via 186 Cooroy Noosa Road.
Carparking area to be bitumen sealed.
No lighting to be provided to carparking area.
Carpark to be opened from 6.30am to 4.30pm with gates closing the carpark after these hours.
Carpark to be predominantly used by staff.
Change to carparking spaces on 186 Cooroy Noosa Road including resulting in the relocation of 14 carparking spaces to 4 Carramar Street.
Existing fence to be retained.
The revised carparking layout and use of Lot 2 is a result of a review of the existing maintenance area where 12 carparking spaces were proposed to be located. The carparking spaces were determined to remove valuable loading and unloading areas associated with maintenance operations and as a result, the alternative solution of utilising the adjoining site was proposed.
The change application is before Council as the Development Permit was originally determined by Council. The subject site and proposal plans are detailed in the following images.

Figure 1: Aerial photograph of subject site

Figure 2: Aerial photograph of site location

Figure 3: Plan detailing new car parking area

Figure 4: Plan detailing overall car parking provision
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 building containing 32 rooms, and ancillary features including a community centre, staff building and administration building.
A Preliminary Approval for a Material Change of Use Multiple Housing Type 3 Retirement and Special Needs (MCU18/0009) was issued 21 August 2018. The original application sought a Development Permit for an additional 48 beds in 6 accommodation villas. The Preliminary Approval was issued due to the identification of development constraints related to the habitat of the threatened Swamp Crayfish, flooding, wetland vegetation and car parking.
The applicant suspended the appeal period on 31 August 2018 and made representations on 2 October 2018. The representations sought a Negotiated Decision Notice to change the decision type from a Preliminary Approval to a Development Permit for a Material Change of Use and amend condition 1. The representations were approved on 15 November 2018 with an amended layout providing for an additional 32 beds in 4 accommodation villas, resulting in a total of 174 beds on site.
A minor change application was submitted on 10 April 2019 which amended the layout of the development. The single storey accommodation villas at the front of the site were deleted and the built form to the rear of the site was amended from single storey to double storey with all 32 beds being contained within the buildings to the rear of the site. This application was approved by Council on 18 July 2019.
A further minor change application was submitted on 10 March 2020 seeking approval to amend the approved plans to include fire-fighting pumps adjacent to the front boundary of the site. The application was approved under delegation on 29 April 2020.
Since the time of the original approval the applicable zoning has been amended to reflect the environmental values contained within the eastern part of the site and to incorporate the previously residential zoned land abutting the western boundary to community zoning. Advice from Council’s Strategic Planning unit is that the environmental zoning will be scaled back as it was not intended to extend beyond the area dedicated to Council.
The following images detail the zoning at the time of the approval (2006 Noosa Plan) and the current zoning of the 2020 Noosa Plan.

Figure 5: Land zoning (2006 Noosa Plan)

Figure 6: Land zoning (2020 Noosa Plan)
Site Description
The site is an irregular shaped parcel of land and comprises an area of 3.6 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 was previously in the ownership of Carramar however was dedicated to Noosa Council for the purpose of Environmental Park to ensure the protection of the threatened Swamp Crayfish. 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.
Surrounding Land Uses
North: 	Residential lots containing detached houses abut the northern boundary of the Carramar site. A residential lot containing a dwelling abuts the additional lot proposed to be used for car parking, the lot is also in the ownership of Carramar.
South: 	Cooroy Noosa Road
East: 	Environmental Park owned by Noosa Council and Reserve for Park and Recreation owned by the State of Queensland under control of Council as Trustee
West: 	Residential lots containing detached houses
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.
Statutory Process
The applicant has requested to make an Other Change to a development approval under s78 of the Planning Act 2016.
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 consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
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 Region.
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 Local Plan Code
Community Facilities Zone Code
Special Residential Code
Driveways and Parking Code
Earthworks Code
Existing Services Code
Landscaping Code
Water Quality and Drainage Code
Locality Provisions
The subject site is located in the Tewantin Local Plan Area and is zoned Community Facilities. The proposed use is identified as a consistent use with the zone and is required to follow an impact assessable application process.
The proposal has been assessed against the Tewantin Local Plan area and is generally consistent with the purpose of the code. In particular Overall Outcome 7.2.3.2(2)(t) seeks to ensure that land which is planned for community purposes is protected to enable the efficient delivery of health and social services. The zoning of the additional parcel, Lot 19 on RP162486 at 4 Carramar Street, advances this purpose.  The provision of carparking on this site is consistent with the intent and serves to allow efficient development of the remainder of the Carramar land in accordance with earlier approvals. However, the proposed car parking has the potential to raise amenity and privacy issues for neighbouring residential properties.   This is discussed further in the section below.
No detriment to the visual amenity of the streetscape and gateway into Tewantin is likely to result from the proposed change.
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:
Code	Discussion
Community Facilities Zone Code	Development of parking on the adjacent site (Lot 19 RP126486) allows for the ongoing provision of services provided by Carramar Noosa Homes with expansion of the services resulting from the previous approvals necessitating reorganisation of parking and allocation of available land.  The applicant has identified that the provision of 15 parking spaces required by the previous approval would impact on the existing maintenance and servicing area and the solution to accommodate additional parking on the neighbouring parcel of land is a sensible outcome that will have minimal impact on the surrounding area. Acceptable Outcome AO7.1 identifies that Lot 19 on RP162486 should be retained for residential care uses.  The proposed carpark is an ancillary aspect of the residential care use and as such is consistent with the acceptable outcome and performance outcome of the code.
Special Residential Code	The proposed change is consistent with the use code.  The proposed use does not intensify the use and no additional GFA is proposed. Lot 19 is of sufficient size and dimension to accommodate the vehicle parking, access and manoeuvring in a safe manner. The applicant indicates that the proposed parking area is intended to be used predominantly by staff and between the hours of 6:30am and 4:30pm.  The property to the north of Lot 19 is also owned by Noosacare Inc. and currently accommodates a dwelling.  The site to the west at 2 Carramar Street, also accommodates a dwelling with approximately 42 metres of separation between the parking area and the dwelling house.  Potential impacts on the amenity of the nearby dwelling is expected to be minimal with the existing shed in the rear of the neighbouring property buffering the carpark use from the dwelling.   To mitigate potential noise impacts on neighbouring dwellings, it is recommended that a condition be applied limiting night time use of the western car park in Lot 19.
Driveways and Parking Code	The applicant has demonstrated that sufficient manoeuvring space is provided for vehicles using the proposed car park.  There is sufficient width for passing vehicles in the access driveway without need for greater width in the gateway.  The applicant also indicates that gates providing access to the carparking area will be closed outside of the proposed operating hours to prevent night-time use.  This will further mitigate any potential amenity impact on adjacent dwellings by removing the ability for the area to be used at night.  It is recommended that a condition to this effect be applied.
cONSULTATION
Referral Agencies
The application was not required to be referred to referral agencies.
Other Referrals
The application was forwarded to the following internal Council officers whose comments are incorporated into the above discussion:
Environmental Officer
Development Engineer
Public Notification
The application was not required to be publicly notified.
conclusion & REASONS FOR DECISION
The proposed carparking area is to be located on Lot 19 on RP162486 directly adjacent to the existing Carramar residential care facility. The internal rearrangement of parking within Lot 2 SP on 177554 resulting from the recent approval of changes to the residential care facility can ensure that the required parking numbers are able to be provided, however, would also result in the loss of a valuable maintenance area to additional car parking. The applicant has proposed an alternative which seeks to accommodate 15 of the required parking spaces on Lot 19 to allow retention of the maintenance area.
The change is an ‘other change’ only because the application includes a new parcel of land not previously included in the original application. The change application is put before Council because the original Development Permit was also decided by Council.
The proposed change is consistent with the planning scheme and raises no significant issues that cannot be conditioned. The application is recommended for approval subject to appropriate conditions.
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
			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		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	9 FEBRUARY 2021

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