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132008.176.04 - APPLICATION FOR EXTENSION TO CURRENCY PERIOD AND 132008.176.05 - APPLICATION FOR OTHER CHANGE TO A DEVELOPMENT APPROVAL FOR MATERIAL CHANGE OF USE OF PREMISES - RESORT DEVELOPMENT COMPRISING A MULTIPLE DWELLING (109 DWELLING UNITS) AND ACCOMMODATION BUILDING (90 ACCOMMODATION UNITS) AND ANCILLARY

Co-ordinator Planning, Nadine Gorton · Development & Regulation Department

Executive summary

The applicant seeks to make an Other Change to a development approval (application ref: 132008.176.05) for a resort complex comprising a Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities at 3-7 Serenity Close, Noosa Heads, approved under the 1990 planning scheme, amending the built form and changing the approved uses to a Resort Complex and shop. Substantial changes are proposed, specifically a reduction in the number of units from 199 to 186, several buildings being relocated to the southern portion of the site and the pools relocated to the northern part of the site. Additional basement parking and changes to the vehicular access are also proposed. The site is part of a master planned estate previously known as Settlers Cove, that was approved in 2003 creating Residential High Density zoned lots in Serenity Close and dedicating approximately 22 hectares of the site for conservation/ park purposes and construction of a public jetty and access pathways. A resort application was approved in 2008 with Council agreeing to an extension to the currency period in 2013 when a monetary offset in relation to koala trees was paid and again in 2017 as the relevant planning scheme provisions had not changed. In 2022, an application was lodged with Council to extend the currency period (132008.176.04) for a further 2 years. An officer report recommending refusal of the extension was presented to Council in October 2022 with the decision on the application deferred on the basis that the applicant advised an Other Change application was soon to be lodged. Council resolved to defer consideration of the extension of currency application to enable both applications be reported to Council at a future date. Section 82 of the Planning Act 2016 prescribes how an Other Change application is to be assessed and in this regard the assessment and decision making process occur in the context that the application is to change an existing development approval as distinct from a fresh application. The focus of the assessment is therefore on the impact of the changes to the existing development approval. The proposed changes to the existing resort approval have been reviewed against the current Noosa Plan assessment benchmarks and generally comply apart from some design requirements such as the number of attached units in one plane, length of wall, roof garden and the number of basement access points. These areas of non-compliance are considered reasonable as they are consistent with the pattern of development in the area and due to the proposed location of the buildings on site will not have significant impacts on the streetscape and surrounding area. The overall massing/layout of the proposed development is appropriate and provides for extensive landscape setbacks to Serenity Close however concerns as to the building meeting the Noosa Design Principles is raised and conditions have been included to address specific elements relating to the external appearance. The proposed change to the built form reduces the development footprint, the number of units and gross floor area previously approved and increases the amount of native vegetation to be retained. Development in the form of pools and pathways previously approved in the land now zoned Environmental Management and Conservation have also been removed with these areas now retained as a vegetated buffer. The proposed changes to the existing approval are considered to comply with the current requirements of the Noosa Plan and will provide for a resort development that will be consistent with the character of the area. The Other Change application also satisfactorily demonstrates that the grounds of refusal previously raised in relation to the extension of currency application have been addressed. The proposal is consistent with the intent of the zone and the original masterplan and both the extension of currency application and Other Change application area recommended for approval.

Recommendation

That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 October 2024 regarding Application Nos. 132008.176.04 for an extension to the currency period and 132008.176.05 for an Other Change to a Development Permit for Material Change of Use Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities to change the approved use to a Resort complex and Shop situated at 3 and 7 Serenity Close Noosa Heads described as Lot 10 on SP195871 and 11 on SP335472 and:

  1. Approve the extension to currency period for a further 6 years expiring on 17 October 2030;
  2. Approve the Other Change application in accordance with the proposed conditions outlined in Attachment 1;
  3. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Report

ATTACHMENT 3 - 132008.176.05 - CURRENT APPROVED PLANS

ATTACHMENT 4 - 132008.176.05 - PROPOSAL PLANS

ATTACHMENT 5 - 132008.176.05 - PROPOSAL PLANS - RENDERINGS

EXECUTIVE SUMMARY

The applicant seeks to make an Other Change to a development approval (application ref:

for a resort complex comprising a Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities at 3-7 Serenity Close, Noosa Heads, approved under the 1990 planning scheme, amending the built form and changing the approved uses to a Resort Complex and shop. Substantial changes are proposed, specifically a reduction in the number of units from 199 to 186, several buildings being relocated to the southern portion of the site and the pools relocated to the northern part of the site. Additional basement parking and changes to the vehicular access are also proposed. The site is part of a master planned estate previously known as Settlers Cove, that was approved in

creating Residential High Density zoned lots in Serenity Close and dedicating approximately

hectares of the site for conservation/ park purposes and construction of a public jetty and access pathways. A resort application was approved in 2008 with Council agreeing to an extension to the currency period in 2013 when a monetary offset in relation to koala trees was paid and again in 2017 as the relevant planning scheme provisions had not changed. In 2022, an application was lodged with Council to extend the currency period (132008.176.04) for a further 2 years. An officer report recommending refusal of the extension was presented to Council in October 2022 with the decision on the application deferred on the basis that the applicant advised an Other Change application was soon to be lodged. Council resolved to defer consideration of the extension of currency application to enable both applications be reported to Council at a future date. Section 82 of the Planning Act 2016 prescribes how an Other Change application is to be assessed and in this regard the assessment and decision making process occur in the context that the application is to change an existing development approval as distinct from a fresh application. The focus of the assessment is therefore on the impact of the changes to the existing development approval. The proposed changes to the existing resort approval have been reviewed against the current Noosa Plan assessment benchmarks and generally comply apart from some design requirements such as the number of attached units in one plane, length of wall, roof garden and the number of basement access points. These areas of non-compliance are considered reasonable as they are consistent with the pattern of development in the area and due to the proposed location of the buildings on site will not have significant impacts on the streetscape and surrounding area. The overall massing/layout of the proposed development is appropriate and provides for extensive landscape setbacks to Serenity Close however concerns as to the building meeting the Noosa Design Principles is raised and conditions have been included to address specific elements relating to the external appearance. The proposed change to the built form reduces the development footprint, the number of units and gross floor area previously approved and increases the amount of native vegetation to be retained. Development in the form of pools and pathways previously approved in the land now zoned Environmental Management and Conservation have also been removed with these areas now retained as a vegetated buffer. The proposed changes to the existing approval are considered to comply with the current requirements of the Noosa Plan and will provide for a resort development that will be consistent with the character of the area. The Other Change application also satisfactorily demonstrates that the grounds of refusal previously raised in relation to the extension of currency application have been addressed. The proposal is consistent with the intent of the zone and the original masterplan and both the extension of currency application and Other Change application area recommended for approval.

RECOMMENDATION

That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 October 2024 regarding Application Nos. 132008.176.04 for an extension to the currency period and 132008.176.05 for an Other Change to a Development Permit for Material Change of Use Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities to change the approved use to a Resort complex and Shop situated at 3 and 7 Serenity Close Noosa Heads described as Lot 10 on SP195871 and 11 on SP335472 and:

  1. Approve the extension to currency period for a further 6 years expiring on 17 October 2030;
  2. Approve the Other Change application in accordance with the proposed conditions outlined in

Attachment 1;

  1. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

Report details

Index: ECM/Application/132008.176.04 and 132008.176.05