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Minor Change application report - V2 jan 24 · MCU19/0081.02

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9 January 2024


Planning
Noosa Council
[email protected]


RE: Minor Change – 64 Gateway Drive Noosaville (132007.0738.04) & (MCU19/0081)
The application seeks a ‘minor change’ to development approval 132007.0738.04 &
MCU19/0081. The development has been constructed and involve the following
discrepancies between the approved architectural plans, including:
-   Unit 1
         o    First Floor
                        Additional windows to the southern elevation
-   Unit 3
         o    Ground floor
                         Floor plate mirrored
        o     First floor
                         Remove doors between store and office
                         Add windows to southern elevation of office
-   Unit 5
         o    Ground Floor
                      Floor plate mirrored
-   Unit 7
         o    Ground Floor
                        Door to northern elevation
        o     First Floor
                        Store removed and void increase
-   Unit 9
         o    Ground Floor
                        Additional Door to the northern elevation
        o     First Floor
                        Balcony increase to the north
                        Bedroom removed
                        Unit 9 Store has been amended to include a toilet
                        No increase in GFA
-   Unit 10
         o    Ground floor
                         Remove wall between store and industrial space
                         Replace door to the north with glass sliding door
        o     First floor
                         Remove doors between store and office
                         Add windows to southern elevation of office
-   Unit 11
         o    Ground floor
                         Unit mirrored
        o     First floor
                         Unit mirrored
-   Unit 13
         o    Ground floor
                       Replace door to the north with glass sliding door
-   Unit 14
         o    Ground floor
                         Replace door to the north with glass sliding door
                         Replace door to the south with glass sliding door
        o     First floor
                         Add windows to southern elevation of store
-   Unit 15
         o    Ground floor
                         Replace door to the north with glass sliding door
                         Replace door to the south with glass sliding door
        o     First floor
                         Add window to the west and south of store
-   Unit 16
                       First floor
Full text of the other 9 pages

Page 2

         o        Bedroom 2 relocated with bathroom and kitchen moved to open area
         o        Same GFA and number of bedrooms
-   Unit 19
         o        Ground floor
                             Replace roller door to the north with glass sliding door
                             Replace door to the south with glass sliding door
         o        First floor
                             Add window and internal wall to southern elevation of store
-   Unit 20
         o        Ground floor
                             Add roller door to southern elevation of store
         o        First floor
                             Add windows to western and southern elevation of store
-   Unit 22
         o   Ground floor
                        Add internal door missing from original plan
-   Site Plan - Relocating a small amount of landscaping to increase available parking within the lots. Relocated
    landscaping in front of roller doors 14, 15, 19, 20.




              -
                                  -    Figure 1. Approved Plan – Units 1 to 9




     -
                                 -    Figure 2. Proposed Plans – Units 1 to 9

Page 3

 

 

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Figure 4. Proposed Changes Plan — Units 10 to 14

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Page 4

                Figure 5. Approved Elevation Plans – Units 7 to 26




           Figure 6. Proposed Elevation Changes Plans – Units 7 to 23




Figure 7. Approved Site Plan          Figure 8. Proposed Site Plan

Page 5

Background


132007.738.04 – Council Approval
On 2 July 2008, Council approved a Development Permit for Industrial Business Type 1 and
Type 2.
On 9 April 2013 and 14 June 2016, Council agreed to an extension of time for the approval.
On 21 June 2019, Council issued a minor change approval to the design layout.
MCU19/0081 – Court Approval
On 16 July 2021, A consent order was issued for the approval of 16 Ancillary Dwelling Units
within the approved layout of 132007.738.04. This was a code assessable development with
no submissions.


Minor Change Test
An assessment against the meaning of minor change and a response about the proposed
application is provided below. The Planning Act 2016 defines a minor change as a change
to the approval that:
 It 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               Response
    DA Rules

   (a) Involves a new use                        There are no new uses proposed onsite.

   (b) results in the application                No new parcel of land is introduced.
       applying to a new parcel of
       land; or
   (c) dramatically changes the                  The built form and appearance is only marginally
       built form in terms of scale,             changing and complies with the Noosa Plan
       bulk and appearance; or                   parameters, with the scale not dramatically
                                                 changing. There is no increase in GFA, carparking
                                                 and / or setbacks.

   (d) changes the ability of the There is no change to the operation of the
       proposed development to development to operate as industrial units with
       operate as intended; or    associated ancillary dwelling units.

   (e) removes a component that is No change to the use of the buildings.
       integral to the operation of the
       development; or

Page 6

     (f) significantly impacts on traffic No changes to traffic flow as a result of the
         flow and the transport amendments.
         network, such as increasing
         traffic to the site; or
     (g) introduces new impacts or       No new impacts or the severity of impacts will result
         increase the severity of        from the changes.
         known impacts; or
     (h) removes an incentive or         Does not remove an offset or incentive components
         offset component that would     of the development.
         have balanced a negative
         impact of the development; or
     (i) impacts on     infrastructure   There are no additional impacts on infrastructure.
         provisions.


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


Response: The change does not include any prohibited development.


B. referral to a referral agency, other than to the chief executive, if there were no referral
   agencies for the development application; or


Response: No referral required for the development.


C. referral to extra referral agencies, other than to the chief executive; or

Response: No referral agencies are applicable to the current development.


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


Response: The proposed change would not result in the chief executive having to consider
matters additional to those considered when the application was made.


E.      public notification if public notification was not required for the development
        application.

Response: The minor changes are predominantly internal do not require public notification
to the original code assessable approval.

Page 7

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 S80 and S81 of The Planning Act 2016, the Council is the responsible
entity. The entity must only consider the information provided and any other matter
considered relevant, including — all matters that would or may assess against or have
regard to, if the change application were a development application.
The entity 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.


The changes are largely cosmetic amendments to allow windows and door changes. There
are no increases in the size and/or bedrooms of the ancillary dwelling units. There are no
changes to the GFA or substantial amendments to the built form layout from that which
was approved.

Page 8

Changes to Conditions (MCU19/0081)
As a result of the proposed amendments to the development, Condition 2 requires
changing to include the proposal plans.
It is requested Condition 1 be changed to include the follow addition to the condition 1 table
of approved plans.
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
                                                                             12-06-21
19020 A.102       B       Master Plan – Staging Plan




19020 A.200       I       Master Floor Plan                                  21 09 22



19020 A.200       B       Pod A – Level 1 Floor Plan                         15 05 23

19020 A.201       B       Pod A – Level 2 Floor Plan                         15 05 23

19020 A.203       B       Caretakers Residences                              15 05 23

19020 A.300       B       Elevations                                         15 05 23

19020 A.301       B       Elevations                                         15 05 23



19020 B.200       15      Pod B - Floor Plan                                 28 09 22

19020 B.201       15      Pod B Caretakers – Floor Plan                      28 09 22

19020 B.300       15      Elevations                                         28 09 22



19020 C.200       17      Pod C – Floor Plan                                 28 09 22

19020 C.201       16      Pod C Caretakers – Floor Plan                      28 09 22

19020 C.300       16      Elevations                                         28 09 22



19020 D.200       11      Pod D – Floor Plan                                 28 09 22

19020D.201        11      Pod D Caretakers – Floor Plan                      28 09 22

Page 9

19020 D.300       11      Elevations                                         28 09 22

19020 D.301       11      Elevations                                         28 09 22

19020 A.205       E       Pod F – Floor Plan                                 12-06-21

19020 A.206       E       Pod G – Floor Plan                                 12-06-21

19020 A.207       E       Pod H – Floor Plan                                 12-06-21




Changes to Conditions (132007.0738.04)
As a result of the proposed amendments to the development, Condition 2 requires
changing to include the proposal plans.
It is requested Condition 1 be changed to include the follow addition to the condition 1 table
of approved plans.
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
                                                                             12-06-21
19020 A.102       B       Master Plan – Staging Plan



19020 A.200       I       Master Floor Plan                                  21 09 22



19020 A.200       B       Pod A – Level 1 Floor Plan                         15 05 23

19020 A.201       B       Pod A – Level 2 Floor Plan                         15 05 23

19020 A.203       B       Caretakers Residences                              15 05 23

19020 A.300       B       Elevations                                         15 05 23

19020 A.301       B       Elevations                                         15 05 23



19020 B.200       15      Pod B - Floor Plan                                 28 09 22

19020 B.201       15      Pod B Caretakers – Floor Plan                      28 09 22

19020 B.300       15      Elevations                                         28 09 22



19020 C.200       17      Pod C – Floor Plan                                 28 09 22

Page 10

  19020 C.201       16     Pod C Caretakers – Floor Plan                   28 09 22

  19020 C.300       16     Elevations                                      28 09 22



  19020 D.200       11     Pod D – Floor Plan                              28 09 22

  19020D.201        11     Pod D Caretakers – Floor Plan                   28 09 22

  19020 D.300       11     Elevations                                      28 09 22

  19020 D.301       11     Elevations                                      28 09 22

  19020 A.205       E      Pod F – Floor Plan                              12-06-21

  19020 A.206       E      Pod G – Floor Plan                              12-06-21

  19020 A.207       E      Pod H – Floor Plan                              12-06-21



22.   The Development Permit for a material change of use of premises lapses if the use
      has not happened by 2 July 2022 unless an application to extend the currency is
      approved by Council.

 Seek amendment for a further 2 years to finalise the entire development until 2 July 2026.


 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 RPIA MQELA
 Planner/Director
 Pivotal Perspective Pty Ltd
 0406 334 227

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