Agenda of Ordinary Meeting - Thursday, 27 January 2022

Ordinary Meeting Agenda 27 January 2022

8.1 Development Application for a Variation Request for a Material Change of Use for a Residential Care Facility at Whites Road Buderim

File No: Council meetings

Author: Senior Development Planner

Customer Engagement & Planning Services Group

Appendices: App a - Conditions of Approval........ 21 ⇩

Attachments: Att 1 - Detailed Assessment Report.. 29 ⇩

Att 2 - Annotated Plan of Development 55 ⇩

Link to Development.i

*SUMMARY SHEET*
Applicant:		Halcyon Community No 9 Pty Ltd Tte
Owner:		Halcyon Community No 9 Pty Ltd Tte
Consultant:		Project Urban Pty Ltd
Proposal:		Preliminary Approval for Material Change of Use of Premises (Variation Request to vary the effect of the Sunshine Coast Planning Scheme 2014)
Properly Made Date:		04 February 2021
Information Request Date:		04 March 2021
Information Response Received Date:		13 May 2021
Public Notification Period:		19 May 2021 – 6 July 2021
Number of Properly Made Submissions:		No submissions were received
*PROPERTY DETAILS*
Division:		7
Property Address:		Whites Rd BUDERIM QLD 4556
RP Description:		Lot 2 SP 313505
Land Area:		1.135ha
Existing Use of Land:		The site is currently vacant and has been levelled.
*STATUTORY DETAILS*
Planning Scheme:	Sunshine Coast Planning Scheme (24 August 2020)
SEQRP Designation:	Urban Footprint
Strategic Framework Land Use Category:	Urban
Local Plan Area:	Forest Glen / Kunda Park / Tanawha Local Plan Area
Zone:	Emerging Community Zone
Assessment Type:	Impact Assessable

purpose

The purpose of this report is to seek Council’s determination for a Preliminary Approval for Material Change of Use of Premises (Variation Request to vary the effect of the Sunshine Coast Planning Scheme 2014) over land at Whites Road Buderim described as Lot 2 SP 313505.

The application is before Council because the application involves a Variation Request.

Executive Summary

The purpose of the Variation Request is to allow for a Residential care facility to be classified as a prescribed use for the subject land to enable the assessment of a subsequent development application for the proposed use to be ‘code assessable’. Additionally, the request seeks to increase the maximum building height allowed over the land from 8.5m to 12m.

An aerial photograph showing the location of the subject site is included below in Figure 1.

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Figure 1 – Aerial Photograph identifying subject site

The Variation Request seeks to vary the effect of the Sunshine Coast Planning Scheme 2014 as it applies to the land as follows:

· Amend Table 5.5.17 Emerging community zone to include a Residential care facility as a code assessable use

· Amend Table 5.10.1 Overlays - Height of buildings and structures overlay to allow increase the allowable building height from 8.5m to 12m and

· Amend Performance Outcome PO1 of the Height of buildings and structures overlay code to include that the height of buildings and structures on the land does not exceed 12m or 3 storeys for the purpose of a Residential care facility.

The proposed variation request has been assessed against the Sunshine Coast Planning Scheme 2014 and found that:

a) as the site adjoins an existing Retirement facility, it is considered a suitable land use for the Precinct and therefore, that the proposed change to the level of assessment for a future Residential care facility to become code assessable satisfies the requirements of the Planning Scheme; and that,

b) despite not meeting Overall outcome (2)(a) and Performance outcome PO1 of the Height of buildings and structures overlay code, it is considered that sufficient other relevant matters exist in the circumstances to provide support for the variation request seeking to permit a 12m high Residential care facility on the subject site, having regard to potential impacts upon the amenity of the area and the established and preferred character of the locale.

It is recommended that the Variation Request to vary the Sunshine Coast Planning Scheme for purposes of a Residential care facility be approved.

Officer Recommendation

That Council:

(a) receive and note the report titled “Development Application for a Variation Request for a Material Change of Use for a Residential Care Facility at Whites Road Buderim”

(b) APPROVE application no. MCU21/0015, and grant a Preliminary Approval for Material Change of Use of Premises (Variation Request to vary the effect of the Sunshine Coast Planning Scheme 2014), subject to the reasonable and relevant conditions in Appendix A, as follows:

(i) to vary Table of Assessment 5.5.17 (for the Emerging community zone) as it applies to Lot 2 SP313505 to include a Residential care facility as ‘code assessable development’ where undertaken in accordance with the Approved Plan of Development

(ii) to vary Table of Assessment 5.10.1 (Height of buildings and structures overlay) as it applies to Lot 2 SP313505 only for purposes of a Residential care facility

(iii) to vary the assessment benchmarks of the Residential care facility and retirement facility code and, the Height of buildings and structures overlay code and

(c) delegate authority to the Chief Executive Officer to determine all future requests for a negotiated decision notice and requested changes to the approval where the changes would not have a material impact on the outcome of the original decision.

Finance and Resourcing

Infrastructure charges are not applicable to the proposed Preliminary Approval for a Variation Request. Infrastructure charges would be payable with any consequent applications involving Development Permits on the land.

Corporate Plan

Outcome: We serve our community by providing this great service

Operational Activity: S19 - Development services – planning, engineering, plumbing and landscaping approvals, provision of specialist advice to the community on planning requirements, audit of private development works, investigation of complaints from the public around land use or development, management of appeals.

Consultation

Councillor Consultation

The Divisional Councillor E Hungerford was advised of the officer recommendation prior to the Ordinary Meeting.

Internal Consultation

The application was referred to the following internal Council specialists and their assessment forms part of this report:

· Development Engineer, Hydraulics, Engineering and Environment Assessment Team, Development Services Branch, Customer Engagement and Planning Services Group

· Urban Designer / Architect, Planning Assessment Team, Development Services Branch, Customer Engagement and Planning Services Group; and

· Coordinator, Strategic Planning Branch, Customer Engagement and Planning Services Group.

External Consultation

No external consultation was conducted as part of this assessment.

Community Engagement

The application was publicly notified for 30 business days between 19 May 2021 and 6 July 2021 in accordance with the requirements of the Planning Act 2016. No submissions were received during the notification period.

Proposal

The application seeks approval for a Preliminary Approval for Material Change of Use of Premises (Variation Request to vary the effect of the Sunshine Coast Planning Scheme 2014).

The purpose of the Variation Request is to allow for a Material Change of use for a Residential care facility to be nominated as ‘code assessable’ on the subject land in order to streamline the assessment of a subsequent development application for the use. Additionally, the request seeks to increase the maximum building height allowed over the land from 8.5m to 12m.

The Variation Request seeks to vary the effect of the planning scheme as it applies to the land as follows:

Amendment to the Table of Assessment for the Emerging community zone

Amend Table 5.5.17 Emerging community zone as it applies to the land to include a Residential Care Facility as a code assessable use under the Residential activities group section of the table as follows:

Amendment to Table of Assessment for Height of buildings and structures overlay

Amend Table 5.10.1 Overlays - Height of buildings and structures overlay to allow erecting a building not exceeding 12m for the purpose of a Residential Care Facility to be an exception to development requiring impact assessment as detailed below:

Table

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Amendment to Height of buildings and structures overlay code (Table 8.2.8.3.1)

Amend Performance Outcome PO1 of the Height of buildings and structures overlay code to include that the height of buildings and structures on the land does not exceed 12m or 3 storeys for the purpose of a Residential Care Facility as detailed below:

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The preliminary approval (including the Variation Request) does not seek to change the zone applying to the site, but rather amend the Tables of Assessment to make a Residential Care Facility, a consistent (code assessable) use in the Emerging community zone relevant to the subject site only. Although seeking a variation to the allowable building height, the Variation Request does not seek to amend any other built form provisions of the planning scheme.

Any further development application made seeking a development permit for the proposed Residential Care Facility would, therefore, be assessable against the applicable codes of the Planning Scheme and the variation approval, in relation to matters other than height. The proposed preliminary approval would apply only to that part of the site identified on the Plan of Development illustrated in Figure 1 below:

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Figure 1 – Proposed Plan of Development

ASSESSMENT

The Council officers Detailed Assessment Report is included as Attachment 1 to this report. Below is a summary of the key assessment considerations for this application:

The application seeks two variations to the Sunshine Coast Planning Scheme 2014. The first seeking the proposed land use to effectively be considered a ‘consistent (code assessable) use’ on the site and, the second being to increase the nominated height limit applicable to the site from 8.5m to 12m.

In relation to the variations sought, the following key issues are pertinent to the assessment of the application:

· Building Height

· Appropriateness of the Land Use and

· Any hydrological impacts of future site development.

The subject site is included within the Emerging community zone, which intends that development is typically undertaken in a master planned manner. This is why, ordinarily, the proposed establishment of a Residential Care Facility (aged care) is impact assessable in the zone. The site is also affected by the Height of buildings and structures overlay code, which nominates a maximum 8.5m height limit for the site.

In order to consider a variation (in this case to lower the level of assessment for a use and to increase the maximum height limit), the proposed development, in this case the Residential Care Facility use, must be assessed for its appropriateness for the development site. The outcome of such assessment informs the determination of the variation component that would vary the provisions of the planning scheme.

Firstly, the Strategic Framework sets the policy direction for the Sunshine Coast Planning Scheme 2014 and forms the basis for ensuring appropriate development occurs within the life of the Planning Scheme. The establishment of a 12m high Residential Care Facility on the subject land is not inconsistent with the intent of the Strategic Framework.

Building Height

The proposed variation request seeks to change the permitted building height over the land from a maximum height of 8.5m to a maximum height not exceeding 12m or 3 storeys. The applicant seeks a 3 storey Residential Care Facility on the subject site to ‘accommodate emerging trends in aged care’, and as justification for doing so, has referred to Council’s previous Planning Scheme amendments whereby certain approved Residential Care Facilities were approved at 12m or 15m in other locations, These Planning Scheme amendments were facilitated via a change to the height overlay mapping and zoning for certain approved Residential Care Facilities in particular locations where regard had been given to amenity and character considerations.

The key outcomes pertaining to building height for development over the subject land contained within the Sunshine Coast Planning Scheme 2014 are contained in the following codes:

· Height of buildings and structures overlay code

· Forest Glen/Kunda Park/Tanawha local plan code

· Residential care facility and retirement facility code.

To assist in understanding the potential impacts of an over height development on the subject land, an assessment of a computer 3D model (including a viewshed analysis) of the proposed development was undertaken to substantiate the findings of the provided Visual Impact Analysis. The assessment indicated that any potential visual impacts resulting from a 12m high built form on the subject site would be most noticeable from Whites Road, proximate to the development site, whilst the more distant surrounding view impacts (i.e. measured generally within a 3km radius of the subject site) would be negligible when compared to a height compliant (8.5m) development, due in part to the existing vegetation and the undulating topography in the general area.

More specifically, it was found that an additional 3.5m of building height would have minimal amenity and character impacts upon the locale over and above that which would result from a code-compliant (8.5m high) building on the subject site.

Despite the proposed building height failing certain Overall outcomes of the Height of buildings and structures overlay code, it is considered that sufficient other relevant matters exist to warrant support for a 12m high Residential Care Facility on the subject site. Such matters include:

· a 12m high building would not adversely impact upon the visual amenity outcomes sought by the Local Plan Area and would not compromise the established or preferred character of the locale. The potential for any visual impacts would be most noticeable directly in front of the site, from Whites Road, with more distant views of the proposed building being negligible

· although the applicant did not provide any specific information to justify that a 12m high Residential Care Facility building is necessary, it is generally recognised that such uses can operate more efficiently via a more compact, vertical form. This is largely validated by the Council’s previous endorsement to amend the Planning Scheme (via the Round 20 amendments – taking effect on 11 November 2019) which provide for various approved Residential care facilities throughout the Local Government Area to establish up to 12m or 15m

· more specific design related matters would be subject to a future (code assessable) Material Change of Use application, which would enable further consideration of building design and assessment against the other applicable Performance outcomes to ensure a suitable built form is achieved and use related impacts can be addressed and

· the Variation Request seeks an increase in building height for only the particular use on the subject site. Along with proposed development parameters to be included in a Plan of Development, the appearance of building bulk and scale can be minimised. Hence, the assessment of the Variation Request is a site-specific exercise and the outcome of a Variation Approval is therefore not relevant to development of any other properties.

Appropriateness of the Proposed Use on the Subject Land

The proposed Variation Request seeks to allow a Residential Care Facility to be established on the site as a code assessable use, which would be assessable against the following codes:

· Forest Glen/Kunda Park/Tanawha Local Plan Code

· Emerging Community Zone Code

· Residential Care Facility and Retirement Facility Code

· Prescribed other development codes.

Establishment of a Residential Care Facility on the subject land satisfies the intent of the Forest Glen/Kunda Park/Tanawha Local Plan Code in terms of being a suitable location. It would be appropriately buffered / separated from the adjacent industrial estate by virtue of the drainage easement that is to be established over the northern part of the subject site, as required by the approval that established the Retirement facility to the west. It is also proximate to an existing Retirement facility which would facilitate the ability to ‘age in place’.

The Precinct in which the site is located has established akin to a Low-density residential zone. Residential Care Facilities are consistent uses in the Low-density residential zone. Further, the Local plan code specifically provides for a Retirement faciality to establish in the subject Precinct. As it is commonly recognised that Residential Care Facilities should generally co-locate with Retirement facilities, it is considered that a Residential Care Facility is also a suitable use in the zone.

Overall it is considered that the establishment of a Residential Care Facility on the subject land is consistent with the intent of the Emerging Community zone, as it applies to the land, and the Forest Glen/Kunda Park/Tanawha Local Plan Area, because it:

· is on land that is well connected to the other parts of the urban fabric as well as planned future development

· provides for an appropriate mix of land uses and

· adjoins an existing Retirement facility (which would facilitate the ability to ‘age in place’).

Bulk and Scale Considerations

Given Residential Care Facilities are often typically larger (institutional type) buildings, it is necessary that such buildings remain consistent with the existing and preferred character of the local plan area in which they sit. As discussed above in relation to building height matters, the bulk and scale of the future Residential Care Facility has the potential to be undesirable unless the built form is broken up and well-articulated.

The Building Scale, Bulk and Streetscape Appearance provisions of the Residential Care Facility and retirement facility code provides the preferred built form outcomes (such as site cover, setbacks and building length) for such uses. Generally, Acceptable outcomes AO5.1 through AO6.3 of the code provide the ‘preferred’ or ‘deemed to comply’ provisions intended to regulate built form of development.

These provisions would be applicable when seeking a Development Permit for the proposed use. However, it is noted that the developable portion of the site (as identified in the proposed Plan of Development) is approximately 120m long. Without breaks in the building and articulation, this could result in a very long solid building, which could present ‘out of character’ with the locality (noting that the industrial buildings in the adjacent industrial estate aren’t generally that long). Moreover, the character of the immediate surrounds is also made up of semi-rural style allotments and large tracts of vegetation, as well as the Retirement facility currently under construction. Whilst the density of the retirement village has resulted in a relatively dense form of development, its buildings are still nonetheless, low rise and not particularly long.

To ensure that character is not compromised, particular built form provisions should be mandated to ensure the future development is respectful of the existing and intended character. To achieve an appropriate building scale and massing, the relevant provisions of the code relating to building length, space between buildings and setbacks should be used to set the built form outcome for the site. It is therefore recommended that the Plan of Development include Development Controls should any Variation Approval be granted. The recommended Development Controls are provided at Appendix A – Recommended conditions of approval and Attachment 2 - Annotated Plan of Development.

With implementation of the above provisions, it is considered that the proposal would comply with the Local plan code and generally provide an appropriate built form consistent with the character of the locale.

Hydrology

The application was referred to Council’s hydraulics specialist for review of flood and stormwater matters relevant to the proposed development. Council’s hydraulics specialist has recommended conditions that ought to be applied should any approval of the subject Variation Request be issued. Their comments are summarised as follows:

Flood hazard and stormwater management

The extent of the land applying to the Variation Request and future Residential Care Facility generally accords with the extent of land filled as part of existing Operational Works approvals. All flood impacts associated with this filling were considered in the previous assessment for the approved Retirement facility to the west.

Given a Residential Care Facility is a vulnerable use due to the limited mobility of occupants, any further development application seeking to establish the use must demonstrate how it will function without needing evacuation during an extreme flood event, in addition to satisfying the required minimum flood immune floor levels. Conditions are recommended accordingly.

Stormwater management matters can be assessed as part of a future development application for the use.

CONCLUSION

The Variation Request seeks to allow for the establishment of a future Residential Care Facility as a ‘code assessable’ use and to increase the maximum building height allowed over the land from 8.5m to 12m where developed for a Residential Care Facility.

With the implementation of the particular built form development controls recommended in this report, the request to vary the level of assessment for a future Residential Care Facility on the land is considered to satisfy the relevant provisions of the Planning Scheme. The recommended built form controls are included such that the future building would not compromise the intended or existing character of the locale and therefore, remain consistent with the intent of both the Forest Glen/Kunda Park/Tanawha Local Plan Code and the Emerging Community Zone Code as they apply to the land.

In regard to the request to vary the maximum building height permitted over the land from 8.5m to 12m, the assessment has found that there are sufficient ‘other relevant matters’ to warrant support of the additional 3.5m of building height in this particular location if developed for a Residential Care Facility. Despite failing Overall outcome 2(a) of the Overlay Code, the proposed building height would not adversely impact upon the visual amenity outcomes sought by the local plan area and would not compromise the established or preferred character of the locale. The potential for any visual impacts would be most notable directly in front of the site, from Whites Road, with more distant views of the proposed building being negligible. Development controls (including substantial screen landscaping) are recommended to minimise any adverse impacts to neighbourhood character and bulk and scale of the future building.

It is considered that the future development would be able to achieve compliance with the applicable codes and that sufficient other relevant matters exist to justify approval of the Variation Request for 3 storey (maximum 12m high) Residential care facility on the subject site in this instance.

Legal

There are currently no legal implications relevant to this report, however this matter can be appealed to the Planning and Environment Court by the applicant and/or submitters. Council will proceed with any required actions resulting from any legal action.

Policy

The application has been processed under the Planning Act 2016 and assessed against the Sunshine Coast Planning Scheme 2014 and all relevant Council policies

Risk

This matter can be appealed to the Planning and Environment Court by the applicant and/or submitters. Council will proceed with any required actions resulting from any legal action.

Previous Council Resolution

There is no previous Council resolution which is applicable to this application.

Related Documentation

A copy of the officer’s full and Detailed Assessment Report is included as Attachment 1 to this report. The Detailed Assessment Report contains all the specific assessment details under the Planning Scheme considered in Council’s assessment of this application. A copy of the proposed Plan of Development (with recommended annotations) associated with the development application are included as Attachment 2 to this report.

Critical Dates

There is no critical date for Council’s decision in this case. If a decision is not made by end of the Decision Part, the applicant may elect to appeal to the Planning and Environment Court against a ‘deemed refusal’ of the application.

Implementation

Should the recommendation be accepted by Council, it is noted that the Chief Executive Officer will communicate the outcome of Council’s resolution to the applicant as appropriate.

Ordinary Meeting Agenda

Item 8.1 Development Application for a Variation Request for a Material Change of Use for a Residential Care Facility at Whites Road Buderim

Attachment 1 Detailed Assessment Report

27 January 2022

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Report: Development Application for a Variation Request for a Material Change of Use for a Residential Care Facility at Whites Road Buderim