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Minor Change Report MCU22 0038 02 · MCU22/0038.02

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Cameron Smith
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   MCU22/0038.02

                  Development Approval              Development Permit for Material Change of Use of Premises –
                                                    Commercial Business Type 1 Office & Type 2 Medical

                  Applicant                         Stockwell Development Group Pty Ltd

                  Request Received On               4 December 2024

                  Report Reviewed By                Nadine Gorton 19.02.2025

                  Decision Due Date                 17 February 2025


                  PROPERTY DETAILS

                  Property Address                  26 Eenie Creek Rd Noosaville

                  RP Description                    Lot 22 SP 322201

                  Land Area                         3818m2

                  Existing Use of Land              Medical and Office Commercial Spaces


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              Major Centre Zone

                  Precinct                          5B – Showroom Precinct

                  Local Area Plan                   Noosaville

                  Overlays                          Land Subject to Acid Sulfate Soils
                                                    Regional Infrastructure - water supply pipeline

                  Assessment Type                   Minor Change to Development Approval




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Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025
Full text of the other 8 pages

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               1.     PROPOSAL
               The applicant seeks approval to change an existing Development Permit for Material Change of
               Use of Premises – Commercial Business Type 1 Office & Type 2 Medical.
               The proposed changes seek to remove two parking spaces in ‘Basement 1’ to relocate fire pumps
               (the ‘proposed development’) at 26 Eenie Creek Rd Noosaville (the ‘subject site’ or ‘Medihub’).
               The Medihub has received a conditional occupancy certificate that indicates non-conformance with
               fire safety regulations. The fire pumps and electrical switchboard were initially approved together,
               but failed the final inspection, thus requiring relocation of the pumps to the proposed location
               indicated on plan.
               In addition to the car parking proposal, the applicant has also indicated several GIA changes and
               additional minor amendments which have come about due to constructability, resolution of
               previously identified design conflicts and consistency between plans. The applicant has provided
               an itemised description of these changes which are primarily reflected in the amended ‘approved
               plans’ proposed (condition 2). The changes include:




                                       Figure 1 – Additional proposed amendments (provided by applicant)

               The resulting works will require the loss of two parking spaces, which has been justified in the
               applicants transport assessment.
               The locality and proposal plan are included below.




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Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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                                                      Figure 2 – Locality




                                            Figure 3 – Basement Carpark Layout Plan

               2.     BACKGROUND
               A Development Permit for Material Change of Use of Premises – Commercial Business Type 1
               Office & Type 2 Medical was approved on 18 August 2022. The building is two storeys in height
               and provides parking both at grade and within two basement levels. The building is constructed
               and in the process of occupation by tenants.
               A minor change was subsequently approved on 20 April 2023, with the changes primarily relating
               to the relocation of 93m² of approved GFA from the ground floor to basement ‘level 02’ for the
               purpose of a purpose built radiation treatment facility. The changes involved the reduction of
               carparking from 104 to 96 spaces which was off set by a reduction in the GFA. The reduction in
               carparking was supported based on conditions being imposed to ensure the oncology use was
               linked to the radiation bunker. .
               3.     ASSESSMENT
               3.1. 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:
                                                                                                 Page 3 of 9

Document Set ID: 23482191
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               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (25 September 2020).
               3.2. 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 proposal does
                      not:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      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.
               3.3. Statutory Instruments – Planning Scheme
               The subject site was zoned Shire Business Centre under the 2006 Noosa Plan and was a
               consistent code assessable use in the zone.
               Under the current Noosa Plan 2020, the site is included in the Major Centre zone and the
               Showroom Precinct which details offices and health care services as impact and inconsistent uses.
               It is noted that the built form requirements of the Noosa Plan 2020 are generally consistent with
               the Noosa Plan 2006, however the Noosa Plan 2020 provides for increased height and gross floor
               area which is generally reflected in the approval.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      Major Centre Zone Code;
               •      Noosaville Local Plan Code;
               •      Business Uses Code;
               •      Works Codes;
               3.4. Changes to Carparking
               The changes proposed in this application are limited to the relocation of the fire hydrant and other
               plant as a result of QFES amendments. There is no change proposed to any built form components
               such as building height, site cover, gross floor area, setbacks etc. The reduction of two car parking
               spaces has been justified in the transport assessment undertaken by SLR consulting. A table of
               the proposed changes (in relation to traffic and transportation) is provided below (refer Figure 4).

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Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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                                       Figure 4 – Proposed changes table (provided by applicant)

               As can be seen in the figure 4 above, there are a few consequential transport impacts identified
               and envisaged in undertaking the reduction of two car parking spaces. The transport assessment
               report has been peer reviewed internally and has subsequently been deemed satisfactory for the
               intended purpose.


               Existing Condition 2
                      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 and may
                      be further amended by the conditions of this approval.
                        Plan No.       Rev.    Plan/Document Name                                  Date
                        0002            P      Site Plan, prepared by Buchan                       01.12.22
                        100-B1          L      Basement 01, prepared by Buchan                     09.11.22
                        100-B2          M      Basement 02, prepared by Buchan                     01.12.22
                        1000            R      Ground Floor Plan, prepared by Buchan               01.12.22
                        1001            Q      Level 01, prepared by Buchan                        01.12.22
                        1200            J      Roof Plan, prepared by Buchan                       09.11.22
                        A-DA-2000       I      Sections, prepared by Buchan                        09.11.22
                        A-DA-3000       L      Elevations, prepared by Buchan                      09.11.22
                        A-DA-6001       H      Perspectives, prepared by Buchan                    28.04.22
                        A-DA-6002       C      Perspectives, prepared by Buchan                    18.05.22
                        1.1                    Site Plan, prepared by place design group           17.03.22
                        1.2                    Landscape Elevations, prepared by place             17.03.22
                                               design group



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Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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                        Plan No.            Rev.   Plan/Document Name                                  Date
                        1.3                        Perspective view, prepared by place design          17.03.22
                                                   group
                        2.1                        Indicative plant palette – streetscape and entry    17.03.22
                                                   landscaping, prepared by place design group
                        2.2                        Indicative plant palette – bio basin landscaping,   17.03.22
                                                   prepared by place design group
                        3.1                        Indicative materials palette, prepared by place     17.03.22
                                                   design group

               Applicant’s Request
               The applicant has requested existing condition 2 be amended and replaced with the following
               amended condition:
                        Plan No.       Rev.    Plan/Document Name                                                 Date
                        0002            R      Site Plan, prepared by Buchan                                      19.11.24
                        100-B1          N      Basement 01, prepared by Buchan                                    05.11.24
                        100-B2          O      Basement 02, prepared by Buchan                                    05.11.24
                        1000            U      Ground Floor Plan, prepared by Buchan                              19.11.24
                        1001            T      Level 01, prepared by Buchan                                       19.11.24
                        1200            L      Roof Plan, prepared by Buchan                                      19.11.24
                        A-DA-2000              Sections, prepared by Buchan                                       09.11.22
                        3000            N      Elevations, prepared by Buchan                                     19.11.24
                        A-DA-6001       H      Perspectives, prepared by Buchan                                   28.04.22
                        A-DA-6002       C      Perspectives, prepared by Buchan                                   18.05.22
                        1.1                    Site Plan, prepared by place design group                          17.03.22
                        1.2                    Landscape Elevations, prepared by place design group               17.03.22
                        1.3                    Perspective view, prepared by place design group                   17.03.22
                        2.1                    Indicative plant palette – streetscape and entry landscaping,      17.03.22
                                               prepared by place design group
                        2.2                    Indicative plant palette – bio basin landscaping, prepared by      17.03.22
                                               place design group
                        3.1                    Indicative materials palette, prepared by place design group       17.03.22

               Assessment of Request
               The requested amendment to condition 2 is considered appropriate and reflects the revised
               reduction of car parking spaces and relocated fire pumps..
               Recommendation
               It is recommended existing condition 2 be amended to read as follows:
                      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 and may
                      be further amended by the conditions of this approval.
                        Plan No.       Rev.    Plan/Document Name                                                 Date
                        0002            R      Site Plan, prepared by Buchan                                      19.11.24


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Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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                        Plan No.       Rev.   Plan/Document Name                                              Date
                        100-B1          N     Basement 01, prepared by Buchan                                 05.11.24
                        100-B2          O     Basement 02, prepared by Buchan                                 05.11.24
                        1000            U     Ground Floor Plan, prepared by Buchan                           19.11.24
                        1001            T     Level 01, prepared by Buchan                                    19.11.24
                        1200            L     Roof Plan, prepared by Buchan                                   19.11.24
                        A-DA-2000             Sections, prepared by Buchan                                    09.11.22
                        3000            N     Elevations, prepared by Buchan                                  19.11.24
                        A-DA-6001       H     Perspectives, prepared by Buchan                                28.04.22
                        A-DA-6002       C     Perspectives, prepared by Buchan                                18.05.22
                        1.1                   Site Plan, prepared by place design group                       17.03.22
                        1.2                   Landscape Elevations, prepared by place design group            17.03.22
                        1.3                   Perspective view, prepared by place design group                17.03.22
                        2.1                   Indicative plant palette – streetscape and entry landscaping,   17.03.22
                                              prepared by place design group
                        2.2                   Indicative plant palette – bio basin landscaping, prepared by   17.03.22
                                              place design group
                        3.1                   Indicative materials palette, prepared by place design group    17.03.22


               Existing Condition 43
                      Car Parking
               43.    Provision of 96 car parking spaces and 10 motorcycle spaces on the site, plus the SRV
                      loading bay and ambulance bay.
               Applicant’s Request
               The applicant has requested existing condition 43 be amended and replaced with the following
               amended condition:
                      Car Parking
               43.    Provision of 94 car parking spaces and 10 motorcycle spaces on the site, plus the SRV
                      loading bay and ambulance bay.
               Assessment of Request
               The requested amendment to condition 43 is considered appropriate and reflects the revised
               reduction of car parking spaces.
               Recommendation
               It is recommended existing condition 43 be amended to read as follows:
                      Car Parking
               43.    Provision of 94 car parking spaces and 10 motorcycle spaces on the site, plus the SRV
                      loading bay and ambulance bay.


               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable.


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Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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               4.2. Internal Council Referrals
               The application was forwarded to the following internal Council officers for review and/or comment:
               •      Senior Development Engineer, Development Assessment
                      The Senior Development Engineer has provided the following in relation to application
                      material, namely the transport assessment reports,
               ‘The reduction in overall carparking numbers is considered a planning outcome.
               It is engineering’s opinion is that the reduction of 2 carparks is inconsequential to the overall
               development, which is not substantially changing. In the event all 94 carparks are occupied, it is
               expected that overflow parking will occur on Stockwell land and will not cause adverse impacts to
               local road network.
               The traffic report is sufficient in justifying the reduction. It is engineering’s opinion that the change
               should be supported. No referral required.’


               5.     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 83(9) of the Planning Act 2016.




                                                                                                           Page 8 of 9

Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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               RECOMMENDATION
               With regard to Application No. MCU22/0038.02 to make a minor change to an existing approval
               for Development Permit for Material Change of Use of Premises – Commercial Business Type 1
               Office & Type 2 Medical situated at 26 Eenie Creek Rd Noosaville and described as Lot 22 SP
               322201, Council on 17 February 2025 decided to:
               A.     Approve the change.
               B.     Amend conditions 2 and 43 to read as follows:
                      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 and may
                      be further amended by the conditions of this approval.
                        Plan No.       Rev.   Plan/Document Name                                              Date
                        0002            R     Site Plan, prepared by Buchan                                   19.11.24
                        100-B1          N     Basement 01, prepared by Buchan                                 05.11.24
                        100-B2          O     Basement 02, prepared by Buchan                                 05.11.24
                        1000            U     Ground Floor Plan, prepared by Buchan                           19.11.24
                        1001            T     Level 01, prepared by Buchan                                    19.11.24
                        1200            L     Roof Plan, prepared by Buchan                                   19.11.24
                        A-DA-2000             Sections, prepared by Buchan                                    09.11.22
                        3000            N     Elevations, prepared by Buchan                                  19.11.24
                        A-DA-6001       H     Perspectives, prepared by Buchan                                28.04.22
                        A-DA-6002       C     Perspectives, prepared by Buchan                                18.05.22
                        1.1                   Site Plan, prepared by place design group                       17.03.22
                        1.2                   Landscape Elevations, prepared by place design group            17.03.22
                        1.3                   Perspective view, prepared by place design group                17.03.22
                        2.1                   Indicative plant palette – streetscape and entry landscaping,   17.03.22
                                              prepared by place design group
                        2.2                   Indicative plant palette – bio basin landscaping, prepared by   17.03.22
                                              place design group
                        3.1                   Indicative materials palette, prepared by place design group    17.03.22



                      Car Parking
               43.    Provision of 94 car parking spaces and 10 motorcycle spaces on the site, plus the SRV
                      loading bay and ambulance bay.




                                                                                                              Page 9 of 9

Document Set ID: 23482191
Version: 6, Version Date: 21/02/2025

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