Minor Change Report MCU13 0153.02 · MCU13/0153.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Tara Norley
Development Assessment

APPLICATION DETAILS
Application No.	MCU13/0153.02
Development Approval	Development Permit for Material Change of Use of Premises for a Retail business - Type 4 Showroom (Motor Vehicle Sales) and an Industrial Business - Type 2 Production, alteration, repackaging & repairing (Motor Vehicle Servicing)
Applicant	GL & MS Properties Pty Ltd
Request Received On	30 September 2020

PROPERTY DETAILS
Property Address	148 Eumundi Noosa Road, Noosaville Qld 4566
RP Description	Lot 1 on RP222164
Land Area	12,254m2
Existing Use of Land	Showroom (Mazda car dealership) and industrial business (vehicle repair and servicing)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Impact Industry
Local Area Plan	Noosaville
Overlays	Acid Sulfate Soils (above 5m AHD to 20m AHD)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval for a Material Change of Use of Premises for a Retail business - Type 4 Showroom (Motor Vehicle Sales) and an Industrial Business - Type 2 Production, alteration, repackaging & repairing (Motor Vehicle Servicing). The proposal is for hail netting to be located over an approximately 3640m2 hardstand area to the rear of the site, utilised for storage of vehicles being sold at the dealership.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 4 – Renders

background
A development approval for a Development Permit for Material Change of Use of Premises for a Retail business - Type 4 Showroom (Motor Vehicle Sales) and an Industrial Business - Type 2 Production, alteration, repackaging & repairing (Motor Vehicle Servicing) was approved on 13 December 2013.
A permissible change to an existing development approval was approved on 3 December 2014. The changes included the following:
minor amendments to the front façade, reductions in floor areas of the motor vehicle sales areas;
minor increase in the motor vehicle service area for vehicle manoeuvring/circulation;
amendments to the proposed signage (resulting in a slight reduction in total signage); and
new external hardstand carpark area at the rear of the building for vehicle storage.
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;
Noosa Plan.
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 is for hail netting only, which is visually permeable and located to the rear of the site, and as such, will not  dramatically change the built form in terms of scale, bulk and appearance;
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.
Planning Scheme – Noosa Plan 2020
The following codes from Noosa Plan 2020 are applicable to this development:
Medium Impact Industry Zone Code;
Noosaville Local Plan Code; and
Works Codes.
Condition 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 amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
312108 S03	E	Site Plan, prepared by graypuksand	04/11/14
312108 S04	E	Ground Level, prepared by graypuksand	23/10/14
312108 S05	F	Elevations, prepared by graypuksand	01/12/14
312108 S06	F	Elevations, prepared by graypuksand	01/12/14
312108 S07	E	Sections, prepared by graypuksand	23/10/14
312108 S08	E	Perspective, prepared by graypuksand	23/10/14
312108 S09	E	Perspective, prepared by graypuksand	23/10/14
312108 S10	E	Perspective, prepared by graypuksand	23/10/14
Applicant’s Request
The applicant has provided the following comments in the application material:
The applicant is seeking to construct hail protection netting over the hardstand storage area which houses a majority of the vehicles which are processed on the subject site. The netting has been designed with a material which will have very little impact due to the high level of visual permeability and the location of the hardstand.
The applicant requests that the Architectural Plans accompanying this minor change application be endorsed by Council.
Assessment of Request
The netting is located to the rear of the site, over the existing hardstand area used for parking vehicles from the dealership (ie not customer or staff car parking). The area proposed to be netted adjoins industrial uses on all boundaries. The proposal complies with height, site cover and setback requirements under Noosa Plan 2020.
The netting is setback approximately 95m from Eumundi Noosa Road, with the layout of the subject site and adjoining property at 168 Eumundi Noosa Road resulting in the netting being significantly screened from the road frontage. Due to the setback from the road frontage, and the netting being visually permeable, the proposal will have very limited impact on visual amenity (refer to Figure 5 and 6).

Figure 5: Portion of netting visible from Eumundi Noosa Road

Figure 6: Portion of netting visible from Eumundi Noosa Road
The proposal is considered minor in nature and will not result in any adverse impacts in terms of amenity for neighbouring properties, pedestrians or motorists.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed minor change 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.
RECOMMENDATION
With regard to Application No. MCU13/0153.02, to make a minor change to an existing approval for a Development Permit for Material Change of Use of Premises for a Retail business - Type 4 Showroom (Motor Vehicle Sales) and an Industrial Business - Type 2 Production, alteration, repackaging & repairing (Motor Vehicle Servicing), situated at 148 Eumundi Noosa Road, Noosaville described as Lot 1 on RP222164, Council on 30 October 2020 decided to:
Approve the change.
Amend Part 6 to read as follows:
Plan No.	Rev.	Plan/Document Name	Date
312108 S03	E	Site Plan, prepared by graypuksand	04/11/14
312108 S04	E	Ground Level, prepared by graypuksand	23/10/14
312108 S05	F	Elevations, prepared by graypuksand	01/12/14
312108 S06	F	Elevations, prepared by graypuksand	01/12/14
312108 S07	E	Sections, prepared by graypuksand	23/10/14
312108 S08	E	Perspective, prepared by graypuksand	23/10/14
312108 S09	E	Perspective, prepared by graypuksand	23/10/14
312108 S10	E	Perspective, prepared by graypuksand	23/10/14
NA	NA	Hail Netting Area, prepared by Zest	Not dated
NA	NA	Image 1, prepared by Zest	Not dated
NA	NA	Image 2, prepared by Zest	Not dated
NA	NA	Image 3, prepared by Zest	Not dated
NA	NA	Image 4, prepared by Zest	Not dated
NA	NA	Image 5, prepared by Zest	Not dated
NA	NA	Image 6, prepared by Zest	Not dated
Add the following new conditions:
Additional Conditions – 30 October 2020
24.  	The netting structure must not exceed 10 metres above the existing ground surface.
25. 	The netting must be installed and maintained in a way that does not interfere with overland stormwater flow across the site. In particular, the netting must be installed in a way that prevents floating debris build up on the netting during rainfall events.
26.	The netting must be checked daily for entangled animals. Any entangled animal must be removed by an appropriately trained Spotter Catcher authorised under Section 12e of the Nature Conservation (Administration) Regulation 2017.
27.	Existing trees on the site must be retained. Trees to be retained must be protected from clearing or construction activities by:
clearly marking vegetation to be retained with flagging tape
installing protective fencing around the drip line of the vegetation
restricting stockpiling, storage and vehicle parking to those areas which are already cleared
using low impact construction techniques around vegetation.
Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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