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Minor Change Application Letter

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                                                                                                                   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
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    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.

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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)

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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

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 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.

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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

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