Original source · versioned page text
Minor Change Application Letter
Place Design Group Pty Ltd
ACN 82370063
20 August 2024
Turrbal and Yagera Country
Noosa Shire Council Level 3/ 109 Edward Street
PO Box 141 Brisbane, QLD 4000 Australia
Tewantin QLD 4565 Phone +61 7 3852 3922
[email protected]
Lodged electronically placedesigngroup.com
RE: REQUEST TO CHANGE AN EXISTING DEVELOPMENT APPROVAL OVER LAND AT 5-13
PRODUCTION STREET, NOOSAVILLE (COUNCIL REFERENCE: MCU23/0155)
We write on behalf of the applicant, Evolution MIT Services Pty Ltd TTE, seeking a Minor Change pursuant to section
78 and 81 of the Planning Act 2016 (Planning Act) to the development approval granted by Noosa Shire Council
(Council) on 28 March 2024 (Council reference: MCU23/0155). Details of the proposed minor change request are
provided in the Planning Act Form 5 in Attachment 1.
To assist Council in their assessment of this minor change request, the following supporting technical documents
and plans have been prepared, which are listed below in Table 1.
Table 1: Attachments
Attachment 1 Planning Act Form 5 Prepared by Place Design Group
Attachment 2 Landowner’s Consent Form Provided by Place Design Group
Attachment 3 Existing Approval Package Provided by Noosa Shire Council
Attachment 4 Revised Architectural Plans Prepared by Tyson Design Studio
Attachment 5 Landscape Concept Plan Prepared by Tyson Design Studio
Attachment 6 Addendum to Stormwater Management Plan Prepared by ALTA
Attachment 7 Civil Drawings Prepared by ALTA
1 Site Description
The site and applicant details for this application are provided below in Table 2.
Table 2: Site & Proposal Details
Site Address 5-13 Production Street, Noosaville, QLD, 4566
Real Property Description Lot 256 on MCH4539
Lot 257 on MCH4891
Lot 274 on MCH4891
Total Site Area 6,096m2
Land Owner Evolution MIT Services Pty Ltd (TTE)
Planning Scheme Noosa Plan 2020
Zoning Medium Impact Industry zone
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 8 pages
Page 2
Local Plan Noosaville Local Plan
Overlays Land Subject to Acid Sulfate Soils Overlay (OM-ASS)
– Above 5m AHD to 20m AHD (Area 2)
State Overlay SEQ Regional Plan land use categories
– Urban footprint
Water Resources
– Water resource planning area boundaries
2 Development History & Project Background
The development approval was originally granted by Council on 28 March 2024 for a Development permit for a
Material Change of Use for Transport Depot. The Council reference number is MCU23/0155. The Approved Plans
are extracted below in Figure 1 for Council’s reference, with the Approval Package provided in Attachment 3.
Figure 1: Approved Site Plan – Floor Level (Source: Cantwell Enterprises, 2024)
3 Responsible Entity
Section 78A(1) of the Planning Act outlines the responsible entity for a change application. Specifically:
The responsible entity for a change application is—
(a) if the change application is for a minor change to a development condition of a development approval stated
in a referral agency’s response for the development application or another change application for the approval—
the referral agency; or
(b) otherwise—the assessment manager.
With reference to the above, it is acknowledged that the existing approval was issued by Council and as such, the
responsible entity is Noosa Shire Council.
Page 3
4 Nature of Proposed Changes
The proposed change to the approved development incorporates minor amendments that include the following:
– Reduced building height to 7.72m;
– Increased width of the bus entry driveway to 7500mm;
– Reduced width of the exit driveway to 8002mm;
– Addition of one (1) emergency bus park near the southwest corner of the hardstand;
– Relocation of the car entry driveway and reconfiguring of the carpark layout;
– Two (2) additional bus parking spaces;
– Reconfiguration of Workshop and Office layout, resulting in a reduction of 40.7m2 in the overall GFA;
– Increased landscaping area to 10.6%;
– Addition of one (1) 14.1m x 4.4m transformer along the Production Street frontage;
– Addition of two (2) bioretention basins; and
– Changes to the exterior façade and materiality to concrete tilt panelling with additional aluminium sun
shading devices, providing better subtropical design solutions.
The proposed changes are illustrated in Figure 3 overleaf.
Figure 2: Proposed Site Plan (Source: Tyson Design Studio, 2024)
Page 4
As highlighted above, the proposal results in minor changes to the site layout and design to facilitate a safer and more functional parking arrangement for a Transport depot. The rearrangement of the bus parking plan and access arrangement has allowed for an additional two (2) bus charging spaces whilst not compromising the ability for safe access and manoeuvring throughout the site. Furthermore, the reduction in the width of the exit access driveway complies with Council standards for heavy duty vehicle crossings, as shown in Standard drawing RS-051. The exterior façade of Workshop and ancillary office will continue to achieve a high-quality industrial outcome, using concrete tilt panelling and aluminium batten screening to effectively respond to sub-tropical climactic conditions, maximising comfort and safety for staff. The proposed changes are consistent with intended planning outcomes, delivering an exterior façade consisting of muted environmental tones broken up by contrasting materiality and design elements. It is proposed that the Office and Workshop plan is reconfigured, resulting in a 40.7m2 reduction in the overall GFA. This reduction in GFA allows for an increase in the total landscaped area which will appropriately screen the proposed transformer enclosure along the Production Street frontage and soften the visual impact of the built form. Furthermore, the reconfiguration of the amended plans allows for an improved carpark arrangement, providing greater distinction between the staff and bus areas and a clearer pedestrian entrance, whilst retaining 26 car parking spaces. Refer to the revised Architectural Plans prepared by Tyson Design Studio provided in Attachment 4. The existing trees along the site frontage are required to be removed in order to facilitate the site layout of the development. The development provides sufficient replacement tree planting along the frontage. Refer to the Landscape Concept Plan prepared by Tyson Design Studio provided in Attachment 5. The proposed changes include the addition of one (1) additional bioretention basin in the southeast corner of the site. Please refer to the Addendum to Stormwater Management Plan and Civil Drawings prepared by ALTA in Attachment 6 and Attachment 7 for further detail. The Addendum to Stormwater Management Plan has been prepared to achieve compliance with Condition 25 of the existing development approval. 4.1 Amendments to Approved Drawings and Documents As a result of the changes proposed, Table 3 lists the applicable plans to be updated from this minor change application. For transparency, we have listed the amended plans to be included in the decision notice to ensure all drawings are captured. Table 3: Drawings and Documents Drawing Number Plan Date Plans / Drawings Site Plan – Roof Level A100 27/11/2023 Site Plan – Floor A101 27/11/2023 Site Plan – Floor Level A102 27/11/2023 Area Analysis Plan A103 27/11/2023 Office/Workshop Elevations (South and East) A300 27/11/2023 Office/Workshop Elevations (North and West) A301 27/11/2023 Bus Parking Elevations A302 27/11/2023 Bus Parking Elevations A303 27/11/2023 Office Section A304 27/11/2023
Page 5
Table 3: Drawings and Documents
Drawing Number Plan Date
Plans / Drawings
Site Plan 1580-WD01 10/07/2024
Floor Plan – Ground 1580-WD02 10/07/2024
Reflected Ceiling Plan – Ground 1580-WD03 04/07/2024
Roof Plan 1580-WD05 10/07/2024
Elevations 1 & 2 1580-WD06 10/07/2024
Elevations 3 & 4 1580-WD07 10/07/2024
Section A 1580-WD08 10/07/2024
Section B and Sunshade Detail 1580-WD09 10/07/2024
Charging Station – Floor Plan 1580-WD200 13/06/2024
Charging Station – Roof Plan 1580-WD201 13/06/2024
Charging Station – Elevations 1a & 2a 1580-WD202 13/06/2024
Charging Station – Elevations 3a & 4a 1580-WD203 13/06/2024
Charging Station – Section C 1580-WD204 13/06/2024
Landscaping Plan – Overall 1580-LA01 21/06/2024
Landscaping Plan – Sheet 1 1580-LA02 21/06/2024
Landscaping Sheet 2 1580-LA03 21/06/2024
Landscape Details 1580-LA04 21/06/2024
Documents
Stormwater Management Plan CI-04.00 Rev B 16/02/2024
Addendum to Stormwater Management Plan A6880/24/ENG June 2024
4.2 Amendments to Conditions of Approval
As outlined above, amendments are required to the approved plans and documents in order to reflect the
proposed minor change. Specifically, the following amendments to the decision notice are required as outlined
throughout Table 4.
Table 4: Conditions
Condition/s Requested amended condition
Condition 3 – Approved The conditions package includes a table of Approved Plans. Given the supporting drawings
Plans and documents have been revised, we request that the table is updated to reflect the
revised drawings and documents.
Condition 9 – Building It is requested that this condition is removed as the proposed transformer enclosure is
Appearance located within 2 metres of the property boundary.
Condition 14(b) – It is requested this condition is updated to allow for the transformer to be located along the
Landscaping Works site frontage. A landscape buffer will be provided to along the rest of the site frontage
(exclusive of access driveways and transformer).
Page 6
Table 4: Conditions
Condition/s Requested amended condition
Condition 14(d) – It is requested this condition is removed to allow for the transformer along the site frontage.
Landscaping Works
Condition 16 – Retention of It is requested this condition is removed to allow for the removal of the trees along the site
Existing Trees frontage. Sufficient replacement tree planting is provided along the site frontage.
Condition 25 – Retention of It is requested this condition be updated to reflect the Addendum to Stormwater
Existing Trees Management Plan, which satisfies the requirements of Condition 25.
5 Assessment of Changes against Planning Act 2016
In accordance with section 78 of Planning Act, this request seeks a change application for a minor change for a
development approval. A minor change for a development approval is defined in Schedule 2 of the Planning Act –
Dictionary, meaning a change that –
(a) 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 to assess the application against, or have regard to, matters prescribed by
regulation under section 55(2), other than matters the referral agency must have assessed the
application against, or have had regard to, when the application was made; or
(E) public notification if public notification was not required for the development application.
With respect to the definition of a minor change, regard has been given to Schedule 1– Substantially different
development of the Development Assessment Rules (DA Rules). An assessment of the proposed changes against
Schedule 1(4) has been provided in Table 5.
Table 5: Part (i) Does the change result in substantially different development
Substantially Different Development Criteria Applicant Response
a) involves a new use; or The proposal does not involve a new land use.
b) results in the application applying to a The proposed change will not result in the development application applying
new parcel of land; or to a new parcel of land.
c) dramatically changes the built form in The proposed minor change does not dramatically alter the approved built
terms of scale, bulk and appearance; or form in terms of scale, bulk and appearance.
d) changes the ability of the proposed The proposed change is not considered to impact the ability of the proposed
development to operate as intended; or development to operate as intended.
e) removes a component that is integral to The proposed change application does not seek to remove any components
the operation of the development; or which are considered integral to the operation of the approved use.
Page 7
Table 5: Part (i) Does the change result in substantially different development
Substantially Different Development Criteria Applicant Response
f) significantly impacts on traffic flow and The proposed changes are not considered to result in the creation of
the transport network, such as additional traffic flow to the site which is likely to have a significant impact on
increasing traffic to the site; or the external traffic network.
g) introduces new impacts or increase the The proposed changes to the development approval do not result in
severity of known impacts; or outcomes that will introduce new impacts at the subject site or increase the
severity of known impacts.
h) removes an incentive or offset There is no incentive or offset components associated with the existing
component that would have balanced a approval.
negative impact of the development; or
i) impacts on infrastructure provisions. The proposed change will have no impact on infrastructure provisions.
Based on the above assessment, the requested changes are not considered to result in a substantially different
development. Furthermore, as outlined below in Table 6, the proposed change satisfies part (ii) of the minor
change definition.
Table 6: Part (ii) of Minor Change Test
Substantially Different Development Criteria Applicant Response
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; The requested change does not result in the inclusion of
or prohibited development.
b) referral to a referral agency, other than to the chief The proposal does not trigger referral to a referral agency.
executive, if there were no referral agencies for the
development application; or
c) referral to extra referral agencies, other than to the chief The proposal does not trigger referral to a referral agency.
executive; or
d) a referral agency, in assessing the application under The proposal does not trigger referral to a referral agency.
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 The original development application was code assessable;
for the development application. the proposed changes do not trigger changes to the level of
assessment or public notification.
6 Relevant Assessment Benchmarks
Pursuant to section 81(2)(da) of the Planning Act, Place Design Group have undertaken an assessment of the
development, including the proposed changes, against the relevant assessment benchmarks in the Noosa Plan
2020 (Amendment 1) (Planning Scheme), which is the current planning instrument in effect.
If the change application were a development application, the proposed changes would continue to achieve
compliance with the relevant assessment benchmarks.
Page 8
7 Grounds for Request to Change Existing Approval
Pursuant to Section 81(2) of the Planning Act, Council must consider this request having regard to:
(a) the information the applicant included with the application; and
(b) if the responsible entity is the assessment manager—any properly made submissions about the
development application or another change application that was approved; and
(c) any pre-request response notice or response notice given in relation to the change application; and
(d) if the responsible entity is, under section 78A(3), the Minister—all matters the Minister would or may assess
against or have regard to, if the change application were a development application called in by the Minister;
and
(da) if paragraph (d) does not apply—all matters the responsible entity would or may assess against or have
regard to, if the change application were a development application; and
(e) another matter that the responsible entity considers relevant.
Table 7: Section 81(2) Assessing change applications for minor changes
Definition Reference Applicant Response
In assessing the change application, the responsible entity must consider—
a) the information the applicant included with the All information has been provided as part of this Minor
application; and Change to inform the Responsible entity assessment.
b) if the responsible entity is the assessment manager—any The development application was Code assessable. There
properly made submissions about the development are no properly made submissions.
application or another change application that was
approved; and
c) any pre-request response notice or response notice given No pre-request response applies to this Minor Change.
in relation to the change application; and
d) if the responsible entity is, under section 78A(3), the There is no responsible entity under Section 78A(3) for this
Minor Change.
Minister—all matters the Minister would or may assess
against or have regard to, if the change application were a In response to (da), all information has been provided as
development application called in by the Minister; and part of this Minor Change to inform the Responsible entity
assessment.
(da) if paragraph (d) does not apply—all matters the
responsible entity would or may assess against or have
regard to, if the change application were a development
application; and
e) another matter that the responsible entity considers All information has been provided as part of this Minor
Change to inform the Responsible entity assessment.
relevant.
8 Referrals and Affected Entities
The development application did not require referral to the State Assessment and Referral Agency (SARA) or any
other affected entities and will not require further submissions.
Page 9
9 Conclusion As detailed in this request, the proposed changes are consistent with the definition of a minor change and we request that Council assesses the application as a minor change, in accordance with section 81 of the Planning Act. We trust that the information provided is sufficient to allow an assessment of this request. Should you require any further information, please contact the undersigned on (07) 3852 3922. Kind regards, Jessica Pitcher Town Planner Place Design Group