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Minor Change - Planning Report · MCU17/0024.02

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Town Planning Report
Request for a Minor Change to the Conditions
specified within approval – MCU17/0024

Sunshine Beach Surf Life Saving Club
4 The Esplanade, SUNSHINE BEACH 4567 QLD
Lot 126 on CP845336 & Lot 5 on SP269274
Full text of the other 14 pages

Page 2

Table of Contents

Important Note                                                                                                                              2

1.    Summary                                                                                                                               3

2.    Background                                                                                                                            5

3.    Development Intent – Proposed Change                                                                                                  6

4.    Proposed Change to Conditions                                                                                                         6

5.    Planning Assessment                                                                                                                   9
      5.1    Development Codes                                                                                                              9
      5.2 Minor Change                                                                                                                     11

6.    Conclusions                                                                                                                          13




List of Tables
Table 1 - Substantially Different Development Guideline ................................................................................... 11




RG Strategic                                     Planning Report – Minor Change Application                                                  1

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of Sunshine Beach Surf Life Saving Club Inc
(“Client”) for the specific purpose of demonstrating the proposed use as being permitted under the
Noosa Plan 2020 (“Purpose”). This report is strictly limited to the purpose and the facts and matters
stated in it and does not apply directly or indirectly and will not be used for any other application,
purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

             •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
                 arising out of or incidental to a Third Party; and

             •   publishing, using, or relying on the facts, content, opinions, or subject matter
                 contained in this report

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

In this note, a reference to loss and damage includes past and prospective economic loss, loss of
profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.




RG Strategic                           Planning Report – Minor Change Application                         2

Page 4

1.     Summary

RG Strategic has prepared this development application on behalf of Sunshine Beach Surf Life
Saving Club Inc. The purpose of this report is to seek approval for a Minor Change to approval
MCU17/0024. The subject site is located at 4 The Esplanade, Sunshine Beach and is formally
described as Lot 126 on CP845336 and Lot 5 on SP269274.

The proposed Minor Change seeks approval to install stackable 2.4m high glass doors along the
east edge of the main floor deck and proposes a connecting fly over roof between the existing roof
structures, also on the main deck.

The roof and glazing are required as the deck is rendered unusable during any type of inclement
weather and during midday heat in summer and uncomfortable for patrons at other times. The deck
will remain consistently open to take advantage of the view and sea breezes but closed when
necessary for the weather.




Figure 1 – SBSLSC – eastern deck



The fly over roof sits slightly above the existing roof structure to preserve a sleek coastal modern
design consistent with the existing roof and to maintain the ocean view from the upper level balcony.
The proposal is not increasing gross floor area or site cover as the whole deck has been included in
the original calculations for these parameters.

The Minor Change seeks an amendment to Condition 1 of the approval to reflect the change minor
built form changes.

The Floor plan and Elevation is provided below as Figures 2 and Figure 3.




RG Strategic                         Planning Report – Minor Change Application                     3

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Figure 2 – Main Floor Plan – eastern deck




Figure 3 - New fly over connecting roof (red outline)




RG Strategic                            Planning Report – Minor Change Application   4

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This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.



2.     Background

On 19 October 2017, Council approved MCU17/0024, Development Permit for Material Change of
Use of Premises - Entertainment & Dining Business Type 1 Food & Beverages and Type 2 Recreation,
amusement and fitness.

Noting this application was not for new uses onsite but the extensive change in built form for a new
Surf Life Saving Club did not meet the criteria for a minor change.

On 20 October Council issued a superseded Decision Notice MCU17/0024, this was due to a tidy up
required in wording of conditions of earlier Decision Notice.




Figure 4 – Eastern Deck and Existing Roof Line




RG Strategic                          Planning Report – Minor Change Application                   5

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3. Development Intent – Proposed Change

The purpose of this report is to seek approval for a Minor Change to approval MCU17/0024. The
subject site is located at 4 The Esplanade, Sunshine Beach and is formally described as Lot 126 on
CP845336 and Lot 5 on SP269274.

The proposed Minor Change seeks approval to install 2.4m high stackable glass doors along the
east edge of the main floor deck and proposes a connecting fly over roof between the existing roof
structures, also on the main deck.

The roof and glazing are required as the deck is rendered unusable during any type of inclement
weather and during midday heat in summer and uncomfortable for patrons at other times. The deck
will remain consistently open to take advantage of the view and sea breezes but closed when
necessary for the weather.

The fly over roof sits slightly above the existing roof structure to preserve a sleek coastal modern
design consistent with the existing roof and to maintain the ocean view from the upper level balcony.
The proposal is not increasing gross floor area or site cover as the whole deck has been included in
the original calculations for these parameters.

The proposed changes are reflected in the Proposed Plans prepared by RG Strategic and are
enclosed within Appendix A.

4. Proposed Change to Conditions

The floor plans are required to be amended to reflect the new roof and the stackable glazing .
Condition 2 sets out the approved plans for the development and therefore it is required to be
amended.

Existing Condition 2 reads-

         2. 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    Rev.   Plan/Document Name                                         Date
          No.
          0000    A      Cover Page, drawn by Andrew Bock Architecture              February
                                                                                    2017
          1002    B      Proposed Site Plan, drawn by Andrew Bock                   March 2017
                         Architecture
          1003    B      Proposed Site Plan – Aerial Photo, drawn by Andrew         March 2017
                         Bock Architecture
          1004    B      Proposed Roof Plan, drawn by Andrew Bock                   March 2017
                         Architecture
          1005    B      Proposed Upper Floor Plan, drawn by Andrew Bock            March 2017
                         Architecture
          1006    C      Proposed Ground Floor Plan (from IR response) , drawn      July 2017
                         by Andrew Bock Architecture
          1007    A      Proposed Lower Floor Plan, drawn by Andrew Bock            March 2017
                         Architecture


RG Strategic                         Planning Report – Minor Change Application                     6

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          Plan    Rev.   Plan/Document Name                                      Date
          No.
          1008    B      Proposed Landscape Plan, drawn by Andrew Bock           March 2017
                         Architecture
          2001    B      Proposed Elevations, drawn by Andrew Bock               March 2017
                         Architecture
          2002    B      Proposed Elevations, drawn by Andrew Bock               March 2017
                         Architecture
          2003    B      Proposed Sections A & B, drawn by Andrew Bock           March 2017
                         Architecture
          2004    B      Proposed Sections C & D, drawn by Andrew Bock           March 2017
                         Architecture
          2005    B      Proposed Sections E & F, drawn by Andrew Bock           March 2017
                         Architecture
          3001    A      Perspective Views North and North West, drawn by        February
                         Andrew Bock Architecture                                2017
          3002    B      Perspective Views West and South West, drawn by         March 2017
                         Andrew Bock Architecture
          3003    A      Perspective Views East and North East, drawn by         February
                         Andrew Bock Architecture                                2017
          3004    A      Perspective Views View to Entry and Deck Lounge,        February
                         drawn by Andrew Bock Architecture                       2017
          3005    B      Aerial View showing Height line, drawn by Andrew Bock   March 2017
                         Architecture
          3006    B      Views showing Height line, drawn by Andrew Bock         March 2017
                         Architecture
          4001    A      Colours and Textures of Sunshine Beach, drawn by        February
                         Andrew Bock Architecture                                2017
          4002    A      Proposed Material Palette, drawn by Andrew Bock         February
                         Architecture                                            2017


It is requested Condition 2 be amended to read as follows-

         2. 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    Rev.   Plan/Document Name                                      Date
          No.
          0000    A      Cover Page, drawn by Andrew Bock Architecture           February
                                                                                 2017
          1002    B      Proposed Site Plan, drawn by Andrew Bock                March 2017
                         Architecture
          1003    B      Proposed Site Plan – Aerial Photo, drawn by Andrew      March 2017
                         Bock Architecture
          1004    B      Proposed Roof Plan, drawn by Andrew Bock                March 2017
                         Architecture
          1005    B      Proposed Upper Floor Plan, drawn by Andrew Bock         March 2017
                         Architecture
          1006    C      Proposed Ground Floor Plan (from IR response) , drawn   July 2017
                         by Andrew Bock Architecture
          1007    A      Proposed Lower Floor Plan, drawn by Andrew Bock         March 2017
                         Architecture
          1008    B      Proposed Landscape Plan, drawn by Andrew Bock           March 2017
                         Architecture
          2001    B      Proposed Elevations, drawn by Andrew Bock               March 2017
                         Architecture


RG Strategic                      Planning Report – Minor Change Application                   7

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          Plan    Rev.   Plan/Document Name                                      Date
          No.
          2002    B      Proposed Elevations, drawn by Andrew Bock               March 2017
                         Architecture
          2003    B      Proposed Sections A & B, drawn by Andrew Bock           March 2017
                         Architecture
          2004    B      Proposed Sections C & D, drawn by Andrew Bock           March 2017
                         Architecture
          2005    B      Proposed Sections E & F, drawn by Andrew Bock           March 2017
                         Architecture
          3001    A      Perspective Views North and North West, drawn by        February
                         Andrew Bock Architecture                                2017
          3002    B      Perspective Views West and South West, drawn by         March 2017
                         Andrew Bock Architecture
          3003    A      Perspective Views East and North East, drawn by         February
                         Andrew Bock Architecture                                2017
          3004    A      Perspective Views View to Entry and Deck Lounge,        February
                         drawn by Andrew Bock Architecture                       2017
          3005    B      Aerial View showing Height line, drawn by Andrew Bock   March 2017
                         Architecture
          3006    B      Views showing Height line, drawn by Andrew Bock         March 2017
                         Architecture
          4001    A      Colours and Textures of Sunshine Beach, drawn by        February
                         Andrew Bock Architecture                                2017
          4002    A      Proposed Material Palette, drawn by Andrew Bock         February
                         Architecture                                            2017
                         November 2024
          SD-     A      Main Level Floor Plan Proposed – Part Plan, drawn by    Oct 2024
          D11            Andrew Bock Architecture
          SD-     A      Main Level Floor Plan Proposed – Extg Terrace Glazing   Oct 2024
          E01            Southeast Elevation - drawn by Andrew Bock
                         Architecture
          SD-     A      Main Level Floor Plan Proposed – Extg Terrace Glazing   Oct 2024
          E01            North East Elevation - drawn by Andrew Bock
                         Architecture
          SD-01   A      Roof Closure Concept Page 01, drawn by Andrew Bock      July 2022
                         Architecture
          SD-03          Roof Closure Concept - Section, drawn by Andrew         July 2022
                         Bock Architecture
          SD-04          Roof Closure Concept- New Roof Over Existing, drawn     July 2022
                         by Andrew Bock Architecture
          11.7           3d Views – New Roof Infill - drawn by Andrew Bock       May 2022
                         Architecture




RG Strategic                      Planning Report – Minor Change Application                  8

Page 10

5.   Planning Assessment

The proposed Minor Change can be supported on several grounds as detailed below:

     •   No increase in the gross floor area, Use area or site cover;

     •   No impact to the built form when viewed from the beach as it is screened by coastal
         vegetation;

     •   No change to the use;

     •   Minor change to the external built form;

     •   No change to the internal floor layout;

     •   Does not generate additional parking or traffic;

     •   The proposal can be defined as a Minor Change to Approval in accordance with Schedule
         1 of the Planning Act 2016; and

     •   The proposal is consistent within the intent of the Decision Notice (132006.272).



5.1 Development Codes

The development codes applicable to the proposed Minor Change are:

     •   Coastal Communities Local Plan Code,

     •   Recreation and Open Space Zone Code.

A review of the development codes has been undertaken with the Minor Change complying with the
intent of the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the
abovementioned codes. More specifically, a review of the built form has been assessed below.



5.1.1 Built form

The stackable glazing and new flyover roof are incorporated into the existing built form. The glazing
will only be closed when necessary for weather purposes with most of the time open to take
advantage of the view and sea breezes. The intention of the glass is so the view can be enjoyed
when closed during the inclement weather events.

The roof will be constructed of the same materials as the existing decks roof to blend with and
complement the existing roof. The roof will sit slightly above the current roof and protect patrons
from uncomfortable weather and beneficial given the effects of climate change.

Both the glazing and new roof sit within the building footprint and as such will be screened by
coastal vegetation and not seen from the beach. The new roof is unlikely to be noticeable from the
street as demonstrated in Figure 3 below.



RG Strategic                         Planning Report – Minor Change Application                     9

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In terms of gross floor area, use area and site cover, these areas were included in the calculations
as part of the original approval and the proposal does not alter them.

The proposed changes fully comply with the Noosa Plan 2020.




Figure 5 - Street elevation.




RG Strategic                       Planning Report – Minor Change Application                     10

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5.2 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development approval—

         (i) would not result in 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

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

In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:

Table 1 - Substantially Different Development Guideline

       ‘Substantially different’
                                                                         Comment
            development
 Involves a new use                          No change of use is proposed, only minor built form
                                             changes.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.
 Dramatically changes the built              Minor changes to the built form are proposed but they sit
 form in terms of scale, bulk, and
                                             within the existing built form and will not be noticeable
 appearance
                                             from the street or seen from the beach
 Changes the ability of the proposal         Does not change the ability of the Surf Club to operate
 to operate as intended
                                             as intended.
 Removes a component that is                 The proposed minor change will not alter the operation
 integral to the operation of the
                                             of the development.
 development
 Significantly impacts on traffic flow       The deck area was included in the original gross floor
 and the transport network, such as
                                             area calculation and use area which determines traffic
 increasing traffic to the site
                                             generation from the use. Therefore no additional use



RG Strategic                          Planning Report – Minor Change Application                         11

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       ‘Substantially different’
                                                                      Comment
            development
                                          areas are proposed as part of this Minor Change
                                          application.
 Introduces new impacts or increases      No new impacts are proposed.
 the severity of known impacts
 Removes an incentive or offset           No incentive or offset component will be impacted as a
 component that would have
                                          result of the proposed Minor Change.
 balanced a negative impact of the
 development
 Impacts on infrastructure provisions     The proposed Minor Change will not impact upon any
                                          infrastructure network.




RG Strategic                       Planning Report – Minor Change Application                  12

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6.        Conclusions

As demonstrated, the proposed stackable glazing and connecting flyover roof are consistent with
the definition of a Minor Change under the Planning Act 2016 and align with the original approval
conditions. The development aligns with the Noosa Plan 2020, ensuring minimal visual and
environmental impact while enhancing functionality. Specifically, the proposal:

      •    Enhances Usability: By providing weather protection, the modifications ensure the deck can
           be utilized year-round, supporting the business's operational needs and enhancing patron
           comfort, which aligns with the intent of the original approval to provide a functional and
           welcoming space.

      •    Maintains Visual Integrity: The design preserves the site's coastal aesthetic, with materials
           and forms that blend seamlessly with the existing structure. The changes remain visually
           unobtrusive from both the street and the beach, maintaining the area's visual amenity and
           character.

      •    Adheres to Planning Requirements: There is no increase in gross floor area, use area, or site
           coverage. The proposal does not generate additional traffic or parking requirements,
           demonstrating compliance with the conditions of the Noosa Plan 2020 and the Planning Act
           2016.

      •    Environmental Considerations: By incorporating a structure that offers flexibility (open
           when favourable weather conditions allow), the design maximizes the natural environment's
           benefits (e.g., breezes and views) while providing necessary protection during adverse
           conditions.

Based on the thorough assessment of the proposal's compliance with planning regulations and the
minimal impact on surrounding areas, we recommend approval of the Minor Change. This
development supports the operation of the Sunshine Beach Surf Life Saving Club and aligns with
Council's broader planning objectives for coastal communities.

We look forward to Council processing the application at its earliest convenience.

Should you require any additional information or have any queries please to not hesitate to contact
us.




RG Strategic                          Planning Report – Minor Change Application                      13

Page 15

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