Minor Change Request report 2022 · 51980.2682.01

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Background

On 20 June 1980, Council approved a shopping centre development including shops and
offices (TPL21).

On 18 March 2021, Council approved the redevelopment of the site for a new Development
Permit for Food and Drink Outlet, Office and Shops.

Unfortunately the increase in materials over the past 12 to 18 months has had a huge
impact on the cost of building and the pricing from the tenderers was between 35% and
55% above the Quantity Surveyor estimates. As a result, the owner could not make the
redevelopment viable to proceed.

Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change
to the approval that:

      i. would not result in a substantially different development*;
             (*In determining whether the proposed change would result in substantially
             different development, the assessment manager or referral agency must
             consider the individual circumstances of the development, in the context of
             the change proposed.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
different development. A change may be considered to result in a substantially different
development if the proposed change results in any of the following outlined in Table 1
below.
Table 1 - Substantially different development
 Provisions of Schedule 1 of the DA Rules Response
      (a) Involves a new use                      There is no new use proposed onsite
      (b) results in the application applying to No new parcels of land is introduced
          a new parcel of land; or
      (c) dramatically changes the built form in The built form generally remains
          terms of scale, bulk and appearance; unchanged apart from cosmetic changes
          or                                     and upgrading accessibility. This minor
                                                 change does not dramatically change the
                                                 scale, bulk or appearance.

      (d) changes the ability of the proposed     There is no change proposed to the
          development to operate as               operation of the commercial building.
          intended; or
      (e) removes a component that is             The development remains a commercial
          integral to the operation of the        building.
          development; or
      (f) significantly impacts on traffic flow   There are no changes to the tenancy
           and the transport network, such as     sizes and the existing carparking is
           increasing traffic to the site; or     provided     byway    of    the  original
                                                  contribution and onsite parking.

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     (g) introduces new impacts or increase       No new impacts or the severity of impacts
          the severity of known impacts; or       is likely to result from the cosmetic
                                                  changes.
     (h) removes an incentive or offset           Does not remove an offset or incentive
         component that would have                component of the development.
         balanced a negative impact of the
         development; or
      (i) impacts on infrastructure provisions.   There is not additional impacts on
                                                  infrastructure.

Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.


Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to, if the change application were a
development application.

Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—

     (a) the statutory instrument or other document as in effect when the change
         application was made (Superseded Planning Scheme); or
     (b) if the statutory instrument or other document is amended or replaced after the
         change application is made but before it is decided—the amended or replacement
         instrument or document; or
     (c) another statutory instrument—
              (i)      that comes into effect after the change application is made but before
              it is decided; and
              (ii)     that the responsible entity would have been required to consider if the
              instrument had been in effect when the development application for the
              development approval was properly made.

Assessment

The external changes do not change existing tenancy sizes or result in additional
carparking impacts that were considered as part of the original approval. The cosmetic
changes reduce the existing cluttering of signage and incorporates the signage boxes into
a new awning consistent with the relevant Noosa Plan provisions.

The access to the first floor allows for all users to access the upstairs commercial tenancies
as well as providing for a more elegant and efficient secondary access to the carpark. The
proposal is consistent with the existing approval and The current Noosa Plan 2020 design
outcomes.

The original approval did not include any conditions as seen in Figure.2 below, and it is
expected the plans will be approved subject to new reasonable and relevant conditions that
take into consideration s.81 of The Planning Act.

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Figure.2 Existing Planning Approval TPL22


If you have any further queries in relation to the above, please do not hesitate to contact
myself.

Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227