Planning Statement- Minor Change Application mezzanine

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The applicant recently obtained approval to develop both sites for a new industrial development
comprising warehouses and industrial buildings under MCU20/0009 and OPW20/0018 which was
assessed under the now superseded Noosa Plan (Refer Appendix A). The approval provided for a
staged development which included the first four stages being accessed of Leo Alley Road and the
final fifth stage taking access off Eumundi Noosa Road. This fifth stage included two industrial
buildings, associated carparking and access with services such as stormwater connecting to the
facilities provided in the first stages of the development. Earthworks for the development under the
approved operational works are currently underway.

Council has recently approved RAL 21/002 for a Boundary Realignment and Easement which
provided a revised lot layout that reflected the approved buildings and layout.




Figure 1 – Site location




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Figure 2: Satellite view of site and surrounds




2. THE DEVELOPMENT APPLICATION
As a result of further design refinement and discussions with future tenants the applicant is seeking
Council support to change the approval in the following manner:

         New mezzanine floor areas in industrial units WO4 to W18. Mezzanine floors range in area
          from 35m2 to 79.5m2 . An additional 559.8m2 of floor area is proposed for the site with
          table 1 below detailing the new areas for each unit.
         Minor change to site, floor and roof levels.
         Minor change to roof form - change of orientation of roof.
         Alteration to Stage 5 bins store and bike area.
         Removal of Stage 5 Pad Mounted Transformer as no longer required due to area of site.


Table 1 – proposed new mezzanine floor area
Existing Approval                         Proposed changes

W01 - 140.6M2                             W01 -140.6M2
W02 - 228.7M2                             W02 - 228.7M2
W03 - 138.0M2                             W03 -138.0M2 + Mezzanine 35M2 = 182.0M2
W04 - 147.0M2                             W04 -147.0M2 + Mezzanine 35M2 = 182.0M2
W05 - 147.0M2                             W05 -147.0M2 + Mezzanine 35M2 = 182.0M2
W06 - 147.0M2                             W06 -147.0M2 + Mezzanine 35M2 = 182.0M2
W07 - 147.0M2                             W07 -147.0M2 + Mezzanine 35M2 = 182.0M2
W08 - 147.0M2                             W08 -142.2M2 + Store 19M2 =161.2M2
W09 - 147.0M2                             W09 -147.0M2 + Mezzanine 24M2 = 171.0M2
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W10 - 215.9M2                     W10 -225.5M2 + Mezzanine 79.5M2 = 305M2
W11 - 113.6M2                     W11 -113.6M2 + Mezzanine 27.5M2 = 141.1M2
W12 - 118.7M2                     W12 -118.7M2 + Mezzanine 30M2 = 148.5M2
W13 - 72.0M2                      W13 - 72.0M2 + Mezzanine 26M2 = 98M2
W14 - 72.0M2                      W14 - 72.0M2 + Mezzanine 30M2 = 102M2
W15 - 130.0M2                     W15 -130.0M2 + Mezzanine 26M2 = 156M2
W16 - 144.0M2                     W16 -144.0M2 + Mezzanine 30M2 = 174M2
W17 - 144.0M2                     W17 -144.0M2 + Mezzanine 30M2 = 174M2
W18 - 243.0M2                     W18 -243.0M2 + Mezzanine 30M2 = 273M2

Total: 2642m2                     Total New : 3183m2

S01 - 84.8M2                      WS01 - 79.4M2
S02 - 68M2                        WS02 - 78.6M2
S03 - 68M2                        WS03 - 70.3M2
S04 - 68M2                        WS04 - 70.3M2
S05 - 68.6M2                      WS05 - 70.9M2
S06 - 68.6M2                      WS06 - 70.9M2
S07 - 68.6M2                      WS07 - 70.9M2
S08 - 68.6M2                      WS08 - 70.9M2
S09 - 68M2                        WS09 - 70.3M2
S10 - 68M2                        WS10 - 67.1M2
S11 - 48.2M2                      WS11 - 46.2M2

Total 747m2                       Total New: 765.8m2

The applicant seeks Council approval to change the approved plans to those included in
Attachment A. It is noted that the architectural plans have slightly altered the floor levels and
revised operational works plans are currently being prepared to match the altered levels.


3. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is compliant with State Planning Policies.



4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
of the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

      b) for a development approval, is a change to the approval that —

        (i) would not result in a 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, in assessing the application under section 55(2), to assess the
             application against, or have regard to, a matter, other than a matter the referral agency
             must have assessed the application against, or had regard to, when the application
             was made; or


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

The proposed changes are considered to constitute a minor change as per the Planning Act as
detailed below:

       The proposed changes to the use will not result in substantially different development as
          detailed in 4.1 below;

          If the application including the proposed changes were remade it would not:
                  - Include prohibited development
                  - Require referral to any referral agencies or additional referral agencies as no
                       referral agencies are triggered by the use or site location
                  - Require referral to extra referral agencies as no referral agencies are triggered
                       by the use or the site location
                  - No referral agencies triggered
                  - Public notification was not carried out as part of original development
                       application and is not required for the proposal.


4.1       Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determining whether a proposed change
to a development approval results in substantially different development. The proposed changes
have been reviewed against this criteria with the changes not considered to be a substantially
different development as detailed below:

      (a) involves a new use;

      No new uses are proposed as part of the change application as the changes relates to
      changes to the layout and additional floor area.

      (b) results in the application applying to a new parcel of land;

          No new parcel of land to be utilised.

      (c) dramatically changes the built form in terms of scale, bulk and appearance;

      No dramatic changes to the built form. The proposed changes predominantly relate to
      internal arrangements and minor changes to roof form and levels.

      (d) changes the ability of the proposed development to operate as intended;

      Changes do not impact on operations of the site

      (e) removes a component that is integral to the operation of the development;

      Does not remove a component that is integral to the operation of the development.

      (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to
      the site;

      Building design changes do not impact on traffic or transport networks. Sufficient carparking is
      provided for on site

      (g) introduces new impacts or increase the severity of known impacts;

      No change to existing impacts of the development. Sufficient carparking is available on site

The proposed change to the existing approval are considered to meet the requirements detailed
under the Planning Act and the Development Assessment Rules for a Minor Change and will not
result in a substantially different development.
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The proposed changes are considered minor changes under the Act.

4.2 Noosa Plan

The proposed changes have been assessed against the provisions of the Noosaville Local Plan,
Medium Impact Industry Zone Code and Industry Activities Code and is considered to meet the
relevant provisions.

The main impact as a result of the changes relates to the provision of car parking on site. Based on
the current Noosa Plan 2020 carparking for the existing and proposed mezzanine areas is detailed
in table 2 below:

Noosa Plan                 Approved            Approved          Proposed            Proposed
Car parking rates          Stage 1 – 3         Stage 4           Stage 1 – 3         Stage 4

Industry/ Warehouse:       2642m2 =            747.4m2=          3183m2 =            765.8m2=
1/50 up to 500m2 and       31.42 spaces        12.47spaces       36.83 spaces        12.65spaces
1/100 in excess of
500m2

Caretaker:                 1                   nil               1                   nil
1 space

Bicycles                   10 bicycle spaces                     No change
1/100 up to 500m2 and
1/500 in excess of
500m2
Motorcycles                2 motorcycle spaces                   No change
1/100m2


TOTAL                                    45 spaces                             51 spaces


A total of 55 spaces are currently provided for stages 1 to 4 which provides 4 spaces above current
scheme requirements. No changes are proposed to the provision of motorcycle or bicycles spaces
as the amount provided is considered sufficient for the proposed industrial use of the site.

No additional floor area is proposed for stage 5. Stage 5 has an approved area of 1191m2 and
provides a total of 34 car parking spaces, 3 motorcycles spaces and 12 bicycle spaces. In
accordance with the Noosa Plan 2020 stage 5 requires a total of 17 spaces and this stage is still
fully compliant.

As detailed above, the proposed additional floor area and changes comply with scheme
requirements and will not impact on the functioning of the site or surrounding area.


5. CONCLUSION
The proposed changes to the approval are considered minor and do not impact on the surrounding
area or adjoining properties. This application can be supported on a number of grounds as
previously detailed and include:
                The proposed changes are considered minor as they meet the requirements of the
                 Planning Act.
                The proposed changes provide additional industrial floor space on site with vehicular
                 car parking provided in excess of scheme requirements.
                The proposed improve the external appearance of the building.
                The proposed changes are consistent with the provisions of the Noosa Plan.

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Please find attached:

       Change Form 5
       Attachment A - Proposal plans including site and floor plans and elevations


The Assessment Manager’s favourable consideration of the above development application is
recommended and if you have any queries please contact our Sunshine Coast office.

Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




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