Minor Change Report 51987.44.03

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Will Koschade
Development Assessment
APPLICATION DETAILS
Application No.	51987.44.03
Development Approval	Development Approval for Entertainment and Dining Business – Type 1 Food and Beverages and Retail Business – Type 2 Shop and Salon.
Applicant	Dennis Anthony Lock and Felicia Jane Brown
Request Received On	11 August 2021
Report Reviewed By	Patrick Murphy, 9 September 2021
Decision Due Date	8 September 2021

PROPERTY DETAILS
Property Address	6 Thomas St Noosaville QLD 4566
RP Description	Lot 1 RP 161212
Land Area	653m2
Existing Use of Land	Mixed use, including retail on the ground floor and residential on the upper level.

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation Zone
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Acid Sulfate Soils (Area 2 – 5m AHD or below) Flood Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval. It is proposed that condition 39 be amended to allow for the provision of 8 car parking spaces and 4 scooter spaces (in lieu of 9 car parking spaces).
The locality and copy of the existing approval is provided below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevations

Figure 4 – Proposed Parking Layout

background
The subject site has developed over time, with a portion of the building/use being established as of right development and without a planning permit.
51987.44 - A planning application was lodged in 1987 under the 1985 Noosa Plan for the southern portion of the building, for an additional 104m2 of retail. A Development Permit for a ‘retail shop’ (51987.44) was issued on 6 October 1987.
51987.44.01 - On 16 January 2020, Council approved an Other Change application to a Development Approval for Entertainment and Dining Business – Type 1 Food and Beverages and Retail Business – Type 2 Shop and Salon. The application sought:
Retrospective approval for a 29m2 area of floor space that has been operating as additional gross floor area.
A change to the originally approved ‘retail shop’ use to restaurant and shop.
Conversion of the existing 27m2 single car garage to use area for a restaurant.
The proposed change included a total increase in use area of 54.4m2 for the purposes of Entertainment and Dining Business - Type 1 Food & Beverages. The additional area required additional parking and as a result Council entered into an Infrastructure Agreement for a shortfall of 2 car parking spaces. A present, 9 spaces are retained on the site.
An inspection by a Compliance Officer was carried out in December 2020, which showed the development not complying with a number of conditions of approval and a Show Cause Notice was issued.
51987.44.02 - A Minor Change application was lodged to address a number of the non-compliances with the existing approval. Council agreed with the request in part and resolved to amend conditions 13, 16 and 24 and delete conditions 14 and 15.
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; and
The Noosa Plan 2020.
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 request relates to a minor amendment to the car parking area;
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.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourist Accommodation Zone Code;
Noosaville Local Plan Code;
Business Activities Code; and
Works Codes.

Condition – Car Parking
31.	The applicant will comply with the requirements of any Infrastructure Agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the Infrastructure Agreement does not apply a minimum of 11 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
32.	A minimum of 9 car parking spaces must be provided on the site in accordance with approved plans; made available and accessible at all times while the use is open for business. The carparking must include in particular:
a.	Sealed and non-slip approved surface.
b.	7 customers parking spaces within the total, which are clearly marked for that purpose.
c.	2 staff parking spaces within the total, which are clearly marked for that purpose.
d.	Parking spaces and line marked and sign posted crossfalls and gradients in accordance with Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Off-street car parking.
e.	Marked pedestrian routes in accordance with the conditions of this Decision Notice.
f.	Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
Applicant’s Request
While nearing completion of the project, it was discovered that the carpark could not be reconstructed in accordance with condition 32. Given the width constraint along the site’s rear boundary, these cannot be redesigned to comply with Australian Standard AS/NZS 2890.1
To rectify this issue, the applicant engaged TOD Consulting Engineers to prepare a revised carpark layout for the site that would be safe and appropriate for the intended use and provide a sufficient number of spaces. The revised layout is illustrated in Figure 4 above and provides for:
a. 6 x User Class 1 A spaces that have dimensions of 2.4m x 5.4m;
b. 2 x Class 2 spaces that have dimensions of 2.5m x 5.4m; and
c. 4 x motorcycle/scooter spaces in lieu of the 9th car space.
The applicant requests that condition 31 and 32 be amended to read as follows:
Car Parking
31.	The applicant will comply with the requirements of any Infrastructure Agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the Infrastructure Agreement does not apply a minimum of 11 10 car parking spaces and 4 motorcycle spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
32.	A minimum of 9 8 car parking spaces and 4 motorcycle spaces must be provided on the site in accordance with approved plans; made available and accessible at all times while the use is open for business. The carparking must include in particular:
a.	Sealed and non-slip approved surface.
b.	7 6 customers parking spaces within the total, which are clearly marked for that purpose.
c.	2 staff parking spaces within the total, which are clearly marked for that purpose.
d.	Parking spaces and line marked and sign posted crossfalls and gradients generally in accordance with Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Off-street car parking and/or certified safe and appropriate for use by a Registered Professional Engineer of Queensland (RPEQ) experienced in civil engineering.
e.	Marked pedestrian routes in accordance with the conditions of this Decision Notice.
f.	Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.
Assessment of Request
The proposed change to the carparking numbers from 9 car spaces to 8 car spaces and 4 motorcycle spaces aligns with the provisions of the Driveways and Carparking Code under the Noosa Plan 2020.
Acceptable Outcome AO6.2 allows motorcycle spaces to be substituted for car parking spaces at a rate of 4 motorcycles spaces provided per 1 car parking space. There would be no loss in overall car parking numbers and the development would promote the use of motorcycles and scooters.
Further, TOD Consulting Engineers have determined that the revised layout and space dimensions will be safe and appropriate for the intended use given the existing constraints with the site. Certification to this effect has been provided.
Concern was initially raised that the spaces do not meet minimum widths as required by AS/NZS 2890.1, however the spaces were lawfully provided at the time of the original development and given the spatial limitation, it would be unreasonable to require the spaces to be upgraded to today’s standard. On the proviso that the spaces were lawfully established and certified by a RPEQ to be safe and functional, the proposal is supported.

Condition 13 – Approved Plans
13.	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
15.0319.1.3A	A	New Ground Floor Plan, prepared by and+design	June 2020
15.0319.1.4A	A	New First Floor Plan, prepared by and+design	June 2020
15.0319.3.1A	A	Sections, prepared by and+design	June 2020
15.0319.4.1A	A	Elevations, prepared by and+design	June 2020
Applicant’s Request
The applicant requests that condition 13 be amended to capture the car park layout plan prepared by TOD Consulting. The conditions should be amended to read as follows:
Approved Plans
13.	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
15.0319.1.3A	A	New Ground Floor Plan, prepared by and+design (annotated)	June 2020 11/08/2021
15.0319.1.4A	A	New First Floor Plan, prepared by and+design	June 2020
15.0319.3.1A	A	Sections, prepared by and+design	June 2020
15.0319.4.1A	A	Elevations, prepared by and+design	June 2020
21509-SK001 Sheet 1 of 2	A	Carpark Linemarking Layout, prepared by TOD Consulting Engineers and Project Managers	15/06/2021
Assessment of Request
Agree – The request only seeks to update the approved plans schedule to align with the submitted plans.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51987.44.03, to make a minor change to an existing approval for Development Approval for Entertainment and Dining Business – Type 1 Food and Beverages and Retail Business – Type 2 Shop and Salon, situated at 6 Thomas St Noosaville Qld 4566, described as Lot 1 RP 161212, Council on 13 September 2021 decided to:
A.	Approve the change.
B.	Amend conditions 13, 31 and 32 to read as follows:
Approved Plans
13.	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
15.0319.1.3A	A	New Ground Floor Plan, prepared by and+design (annotated)	11/08/2021
15.0319.1.4A	A	New First Floor Plan, prepared by and+design	June 2020
15.0319.3.1A	A	Sections, prepared by and+design	June 2020
15.0319.4.1A	A	Elevations, prepared by and+design	June 2020
21509-SK001 Sheet 1 of 2	A	Carpark Linemarking Layout, prepared by TOD Consulting Engineers and Project Managers	15/06/2021
Car Parking
31.	The applicant will comply with the requirements of any Infrastructure Agreement entered into with the Council with respect to the payment of car parking contributions in relation to the proposed development. In the event that the Infrastructure Agreement does not apply a minimum of 10 car parking spaces and 4 motorcycle spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
32.	A minimum of 8 car parking spaces and 4 motorcycle spaces must be provided on the site in accordance with approved plans; made available and accessible at all times while the use is open for business. The carparking must include in particular:
a.	Sealed and non-slip approved surface.
b.	6 customers parking spaces within the total, which are clearly marked for that purpose.
c.	2 staff parking spaces within the total (as shown on approved plans), which are clearly marked for that purpose.
d.	Parking spaces and line marked and sign posted crossfalls and gradients generally in accordance with Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Off-street car parking and/or certified safe and appropriate for use by a Registered Professional Engineer of Queensland (RPEQ) experienced in civil engineering.
e.	Marked pedestrian routes in accordance with the conditions of this Decision Notice.
f.	Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code.

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