Minor Change Council Report MCU16 0130.01

MCU16/0130.01 request to change an existing approval for Development Permit for Material Change of Use of Premises - Retail business Types 6 - Hardware and Retail Business Type 7 - Garden Centre at 101 and 105 eumundi noosa road noosaville
Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development

Index	ECM Reference/MCU16/0130.01

Attachments	1. 	Proposal Plans (current)
2. 	Proposal Plans (superseded/original approval)

APPLICATION DETAILS
Application No.	MCU16/0130.01
Development Approval	Development Permit for Material Change of Use of Premises - Retail business Types 6 - Hardware and Retail Business Type 7 – Garden Centre
Applicant	Noosaville Medical & Professional Centre Pty Ltd
Request Received On	7 August 2018

PROPERTY DETAILS
Property Address	101 Eumundi Noosa Rd Noosaville Qld 4566 105 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 1 on RP230931 and Lot 1 RP 849431
Land Area	3736.37m2 and 1746.61m2
Existing Use of Land	Site partially cleared with some buildings currently retained

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville Locality
Zone	Attached Housing zone
Overlays	Natural Hazards Overlay (Acid Sulfate Soils)
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 March 2019 regarding Application No. MCU16/0130.01 to make a minor change to an existing approval MCU16/0130.01 situated at 101 and 105 Eumundi Noosa Rd, Noosaville described as Lot 1 on RP230931 and Lot on RP849431 and:
A.	Approve the change and amend conditions 2, 26, 28 and 31 to read as follows:
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 No.	Rev.	Plan/Document Name	Date
001	3	General notes & drawing schedule - Epoch Architecture	14.01.2019
200	3	Proposed Site Plan - Epoch Architecture	14.01.2019
201	3	Proposed Floor Plan – Epoch Architecture	14.01.2019
202	3	Proposed Roof Plan - Epoch Architecture	14.01.2019
300	3	Proposed Elevation - Epoch Architecture	14.01.2019
301	3	Proposed Elevation - Epoch Architecture	14.01.2019
Frontage Works
Any necessary works for adjustment, reinstalment and repair to damaged concrete pathway, grassed verge, kerb line and channel must be carried out in conjunction with a Development Permit for Operational Works.
Car Parking
A minimum of 24 car parking spaces must be provided and marked on the site including one parking space for people with disabilities and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
pedestrian routes between the carparking area and the business use.
dimensions, crossfalls and gradients in accordance with Australian Standard AS/NZS2890.1:2004: Parking Facilities.
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with drawings number 16789-C107 and 16789-C111 Revision C dated 14/12/ 2018 prepared by TOD Engineers and Project Managers.
B. 	Correct the reference to the property address in the Decision Notice to read 101 and 105 Eumundi Noosa Road, Noosaville.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks to change the existing approval for a Hardware and Garden Centre over the site located at 101 and 105 Eumundi Noosa Road, Noosaville by correcting the property description on the decision notice and changing the approved plans to include the following:
Alterations to the proposed building including the provision of a central walkway between the two tenancies, changed siting of toilet facilities and changes to exterior of the building associated with amended doors and windows;
Alterations to the outdoor display area as a result of changes to the building form and location;
Alterations to the carparking layout;
Relocation of the Storage shed to south of carpark; and
Provision of a stormwater detention basin for the two sites.
Attachment 1 provides a plan of the existing approval over the site whilst Attachment 2 includes the current proposal plans.
The request to correct the property description on the decision notice is a result of a number of changes that were made during the final assessment of the application. The original application lodged with Council related to 101 Eumundi Noosa Road, however was later changed to include both 101 and 105 Eumundi Noosa Road. Following several changes to the application and representations to the decision notice the reference to 105 Eumundi Noosa Road was inadvertently removed. The applicant seeks to include 105 Eumundi Noosa Road on the decision notice.
background
On 23 May 1977, Council issued a Town Planning Consent (TPC 658) for “Renovations to an existing building to permit hardware store/tyre & wheel alignment service, office, storage and cabinet maker”.
On 27 August 2015, written advice was sought from a prospective purchaser requesting clarification of existing approvals and use rights over the site in conjunction with whether the existing pool shop (‘Poolside Noosa’) enjoys existing use rights under the TPC 658 approval.
Council provided written advice on 3 September 2015 (WA15/0036) stipulating that the only relevant planning approval over the site comprises “Renovations to an existing building to permit hardware store/tyre & wheel alignment service, office, storage and cabinet maker” (TPC 658).
Council further advised that, “From limited information on the file it would appear the pool shop and associated pool display had been operating prior to 1993. There is no evidence of a change to the original approval or an application to seek another use at any time and therefore the pool shop has been operating in breach of the approval for many years. An application to seek approval for the existing business would be required should the use intend to continue.”
On 7 October 2016 Council issued a Standard Planning and Development Certificate confirming existing non-conforming use rights apply over the premises for hardware store/tyre & wheel alignment service, office, storage and cabinet maker.
Building approval was issued on 21 September 1984 for the existing shed located in the north-eastern corner of the site. Based on limited information on the file there is no evidence to suggest the existing shed was part of the original approval however correspondence on the file suggests the shed was permitted for use for storage purposes.
Application history
The development application has been changed several times by the applicant since its original submission to Noosa Council in October 2016. A summary of key dates is listed below:
On 28 October 2016, a development application was lodged for Retail Business Type 6 – Hardware, Retail Business Type 7 – Garden & Lifestyle Centre and Industrial Business Type 2 – Production, Alteration, Repackaging and Repairing over 101 Eumundi Noosa Road. Existing commercial building/use areas were being retained. Council officers expressed concern with the extent and range of industrial uses based on sites residential zoning.
On 13 June 2017, the applicant submitted a change application REC17/0021 for a Preliminary Approval to Reconfigure a Lot (Boundary Realignment) and MCU16/0130 for a Development Permit for Material Change of Use for Retail Business Type 6 – Hardware, Retail Business Type 7 – Garden & Lifestyle Centre, Commercial Business Type 1 – Office, Industrial Business Type 2 – Production, Alteration, Repackaging and Repairing over 101 and 105 Eumundi Noosa Road. The change was in response to a dilapidation report which revealed asbestos and that the buildings were of poor condition. The change application proposed demolition of existing commercial buildings and sheds and redevelopment of entire site.
On 5 October 2017, the application was amended in response to advice that the application was not supported. The changed application referred to both 101 and 105 Eumundi Noosa Road and removed reference to industrial uses and reconfiguration of a lot components.
On 21 December 2017, MCU16/0130 was approved for Material Change of Use of Premises - Retail Business Type 6 (Hardware) & 7 (Garden & Lifestyle Centre) over 101 and 105 Eumundi Noosa Road subject to conditions.
On 19 February 2018, representations were lodged requesting changes to the proposal plans and conditions including operational aspects. Due to the extent of the changes proposed as part of representations, the revised plans were not able to be considered however were noted as being generally in accordance. It is noted that the Planning report only referred to 101 Eumundi Noosa Road.
On 17 May 2018, Council issued a negotiated decision notice which supported a change to the hours of operation, refused to delete the requirement for the coffee shop to be located wholly within the building and deleted the condition relating to the provision of a Certificate of Completion from Unitywater.
The pool shop building has now been demolished and planter boxes which were located at the front of the site have been removed.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The most applicable codes from the Noosa Plan include:
Noosaville Locality Code;
Business Uses Code;
Landscaping code;
Engineering Works Code.

Statutory Process
The applicant has requested to make a minor change to a development approval under s78 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’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the building and uses are of a similar size to that approved and have been considered generally in accordance;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Assessment
Figures 1 and 2 below illustrate the existing approved plans and the proposed change plans with table 1 providing a comparison of the areas.

Figure 1 – Existing plan considered to be Generally in Accordance

Figure 2 – proposed changes plan

Table 1 – Comparison
	Existing Approval	Proposed Changes
New main building area	455m2	445m2
Outdoor display area	436m2	415m2 Area changed to extend further into the site
Storage shed	74m2	75m2
Landscaping	Tapered strip across frontage	3m strip across frontage
Carparking	24 carparking spaces	24 carparking spaces
Negotiated Decision Notice
The applicant seeks correction of the property description detailed on the Negotiated Decision Notice issued by Council to include both 101 and 105 Eumundi Noosa Road. As detailed previously, the documentation accompanying the application referred to both 101 and 105 Eumundi Road, however due to the changes and revised plans submitted by the applicant, 105 Eumundi Noosa Road was inadvertently not included on the final Negotiated Decision Notice.
As the forms and stormwater design related to both lots the request to correct the property description is supported and considered a minor change.

Conditions
Condition 2
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 No.	Rev.	Plan/Document Name	Date
SK02-01	B	Proposed Site Plan, prepared by Epoch Architecture	02/02/2017
SK02-02	B	Proposed Floor Plan, prepared by Epoch Architecture	02/02/2017
SK02-03	B	Elevations, prepared by Epoch Architecture	02/02/2017
Applicant’s Request
The applicant seeks to change the proposal plans which are detailed in Condition 2 of the approval as well as providing a stormwater detention area across the two sites. The changes are stated as providing a more efficient use of the site and appropriate way of dealing with stormwater for both sites.
Assessment of Request
Plans
The applicant seeks to change the approval to enable the plans that have previously been determined as ‘generally in accordance’ to be incorporated into the approval. The building form is similar to that approved and the plans provide a more efficient use of the land with increased landscaping along Eumundi Noosa Road as well as onsite stormwater detention for both lots. The carparking is consistent with the existing ‘generally in accordance’ approval and in a similar location. The changes to the siting and types of windows and doors is of no concern as it provides improved articulation of the building.
Stormwater Disposal
The applicant has submitted an updated Stormwater Management Plan and a preliminary General Arrangement Plan has been submitted as part of the Operational Works application which has been lodged concurrent to the change application. The Stormwater Management Plan demonstrates that the proposed stormwater drainage system (that includes treatment and detention) will ensure a non-worsening for the downstream properties. The system discharges to the existing easements in the adjoining properties.
The proposed changes are considered to be a minor change and are supported. The proposed changes result in consequential changes to Conditions 28 and 31. It is recommended that Condition 26 be amended to reflect the changes which have occurred to the site frontage resulting from the removal of the planter boxes.
draft planning scheme
The Draft Planning Scheme provides the site with the following:
Noosaville Local Plan Area
Medium Density Residential zone
Land Subject to Acid Sulfate Soils Overlay
Regional Infrastructure Overlay (Water Supply Pipeline)
The Draft Plan indicates that commercial uses on the site are required to follow an impact assessable application.
cONSULTATION
The application was forwarded to the following internal Council specialists:
Development Engineering
Environment Officer – Water Quality and Quantity
conclusion & reasons for decision
The applicant seeks to change the approval by correcting an error relating to the property description of the site and to include minor changes to plans that have been assessed by Council as being ‘generally in accordance’ with the existing approval.
The revised proposal plans are considered to be appropriate and consistent with the current approval and provide additional landscaping across the front of the site. The proposed amended stormwater detention basin also provides a suitable outcome.
The changes application is considered minor and recommended for approval.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture	x	Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	12 MARCH 2019

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