DA Report Change Development Approval MCU16/0084.02

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU16/0084.02
	
Author:	Wilhelm Koschade
	
Project Director:	Wilhelm Koschade - Development Planner
	

SUMMARY:

APPLICATION DETAILS
Application Number:	MCU16/0084 & OPW16/0157
Applicant:	Denmac Nominees Pty Ltd
Request Received Date:	02/05/2017
Original Approval Type:	Development Permit for Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business – Type 1 - Food & Beverages
Number of Submissions for Original Application:	0 (nil)

PROPERTY DETAILS
Property Address:	140-142 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description:	Lot 2 RP 173876
Land Area:	No Land Area details available
Existing Use of Land:	Vacant

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Locality:	Noosaville Locality Industry Zone
Planning Zone:	
Assessment Type:	Change to Approval - Impact

PROPOSAL:

The application seeks approval to delete condition 26 and 27 of the Material Change of Use approval. The applicant argues the conditions were included without being required given the impervious area of the site is less than 2,500m2 and therefore does not require assessment against the State Planning Policy.

This matter has been discussed with Council’s engineering and environmental officers.

[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:

A Development Permit for a Material Change of Use of Premises - Retail Business Type 5 - Vehicle uses, Retail Business Type 2 - Shop & Entertainment & Dining Business – Type 1 - Food & Beverages was issued on 17 November 2016.Note: exipiry of appeal periods/decision outcome" \d "expiry of the applicants/submitter appeal period/s OR the issue of a Negotiated Decision Notice OR the outcome of a Planning & Environment Court appeal
Note: Provide brief discussion of the original approval and any subsequent approvals that have been issued in relation to the development (eg. OPW, other permissible changes.

At the time the original application was publicly notified, 0 properly made submissions and 0 not properly made submissions were received.  The submitters were primarily concerned with Note: insert very brief summary of submitter issues.Note: Provide discussion of known background information leading to the lodgement of the current application (if any), and any site history of general interest and context to the application

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development;
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission; andNote: provide reasons
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:

Condition 26 and 27 of the MCU approval related to stormwater treatment and targets set out in the State Planning Policy where developments have a greater impervious area of 2,500m2. The proposed development however has an impervious area less than 2,500m2 and therefore the development does not required assessment against the State Planning Policy and the targets set in the policy for stormwater treatment.

Condition 26 and 27 therefore are not required and are recommended to be deleted.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU16/0084.02, situated at 140-142 Eumundi Noosa Rd NOOSAVILLE QLD 4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:
Note: delete the items which are not applicable

A.
Note: insert condition numbersDelete Conditions 26 and 27.Note: insert condition numbers

Note: Provide a list of all amended conditions and approved plans as they would appear on the new Decision Notice (ie. with no track changes displayed)

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FM1517s/4-22/06/2013