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Ltr-231018-Minor Change Application-Peregian
18 October 2023 The Assessment Manager Noosa Council PO Box 141 Tewantin QLD 4565 Delivery via email: [email protected] Dear Sir/Madam, APPLICATION FOR MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE - FOOD AND DRINK OUTLET AND OFFICE AT 214 DAVID LOW WAY PEREGIAN BEACH (COUNCIL REF: MCU22/0154) In accordance with Section 78 of the Planning Act 2016 (‘Planning Act’) and on behalf of AG22 Pty Ltd ATF Peregian Beach Shopping Centre Discretionary Trust, we wish to make a Minor Change to the Development Approval for a Development Permit for a Material Change of Use for Food and Drink Outlet, Office at 214 David Low Way, formally described as Lot 74 on P9313. This Minor Change (s81) application is seeking to revise the approved design and elevate the architectural quality of the development. The proposal generally retains a similar form as was approved, with the building comprising two levels of tenancy spaces which address the street, the laneways and park which the site has frontages to. A new area has been introduced within a lower ground level which provides a location for storage and enable the ground level to remain as clear of back of house facilities as possible, thereby increasing the amount of useable and active spaces at ground level. Details of the request, including background information and justification of the proposed changes assessed against the relevant legislation are included below. Supporting information to be read in conjunction with this application is: ▪ Appendix A – Land owners consent; ▪ Appendix B – DA Form 5; ▪ Appendix C – Existing Development Approval; and ▪ Appendix D - Proposal plans. Ltr-231018-Minor Change Application-Peregian, Peregian Beach
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1. THE SITE The site is located within Peregian Beach locality. The site is rectangular in shape and comprises an area of 271sqm. Given the small size of the site, it does not contain any car parking on site, with on street parking servicing this site and adjoining sites. The site has road frontages to David Low Way to the west and a laneway (which is road reserve) to the south. To the east the site adjoins a public plaza/green space and to the north the site abuts an immediately adjoining commercial building. Figure 1 below illustrates the location of the site within its local context. Figure 1 - Aerial Photo Source: Nearmap, 2023 The site is located centrally within the Peregian Beach retail and commercial area and is therefore surrounded by a range of retail and commercial land uses. Beyond the retail and commercial area to the east is the foreshore area, and north and south of the area comprises low density residential dwellings. Ltr-231018-Minor Change Application-Peregian 2
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2. PROPOSED CHANGES
As outlined above, the proposal involves a redesign of the approved development which seeks to
elevate the architectural quality and aesthetics of the approved development. The redesign would
involve internal and external changes to the approved development. Figure 1 below includes a visual
illustration of the revised design which illustrates the improvements in architectural quality of the
development which will result from the proposed changes.
Figure 2 - Visual representation of the proposed changed development
The current layout of the development comprises a series of 5 x tenancy spaces along with common
access and services areas. The proposed gross floor area of the overall premises is 428sqm.
As part of the proposed changes, the internal layout of the building will be reconfigured as follows, and
as illustrated in Figures 3 and 4 below:
▪ Reorientation of tenancy area 1 and 2 to provide access off the village green, noting that the David
Low Way frontage of the tenancies provide an activated glazed frontage. This change is
considered a better design outcome given it orients pedestrian entries to the pedestrian laneway,
whilst still providing a glazed frontage to the road;
▪ Redesigned ground floor and first floor lobby entrance including improved layout, refined entrance
features and accesses;
▪ Relocation of first floor services areas and amenities to provide clear access and improve CPTED
outcomes
▪ Inclusion of basement level storage area to enhance storage capacity and operational efficiency
and allow for the optimisation of tenancy spaces; and
▪ Removal of first floor terrace to enclose the tenancy 5 area in order to improve the amenity and
usability of this space. Notably, the glazing is proposed to be operable and where the climatic
conditions permit, these will be opened to further enhance the interaction of this space with the
public realm below.
We note that the proposal involves slight increase to the approved gross floor area up to 428sqm. It is
acknowledged that this exceeds the gross floor area of 378sqm (plot ratio of 1.4:1 identified in
PO11(b)(N). The difference in GFA constitutes just 8% of the approved GFA and is the result of the
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addition of the proposed basement storage space which comprises an area of 50sqm. When this basement GFA is subtracted from the proposed GFA, a compliant GFA of 378sqm is maintained. The basement storage area does not change bulk scale of the building or options for more intensive commercial uses. Therefore, the traffic generation potential for the site would not be affected, in accordance with Overall Outcome OO2a of the zone code. The proposed changes include removal of the terrace and enclosure of the tenancy 5 area. Whilst enclosed, this area has been redesigned to address key viewpoints and interaction with the village green. The design includes large operable shopfront windows to maintain sense of space and buffer the upper floor from the village green when climatic conditions permit. This design is considered more responsive by providing a more effective way to address visual and acoustic privacy of nearby properties and includes more space for landscaping to better soften the façade. The design would also be consistent with neighbouring wall planes, particularly with the adjoining site at 216 David Low Way. Figure 3 – Proposed store layout Ltr-231018-Minor Change Application-Peregian 4
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Figure 4 – Proposed office layout
Changes to the external appearance of the building are proposed and are limited to the following;
▪ Relocation of entry doors to address the pedestrian laneway rather than the street and car park;
▪ Increase window size and coverage, particularly on the first floor increasing the activation
achieved by the building;
▪ Additional space for plantings including planter boxes along the awning and close to the main
entrance. Notably, the amount of planting on the site is 42.5sqm which comprises 15.7% of the
site area; and
▪ Redesigned main entrance including brickwork screen and awning ‘cut out’
These changes to the façade reflect a more contemporary design that is considered more suitable within
the centre. The design would provide an architectural form with a greater degree of articulation and
variation, improved colours, and materiality that improves the overall presentation of the building. No
new pedestrian entries or changes to the laneway are proposed.
With respect to car parking, it is noted that 16 car parking spaces would be required to service the
development and an infrastructure agreement has been agreed as indicated in the parent application.
As previously discussed, the change in GFA is the result of inclusion of basement storage which
would not increase patronage and therefore also not increase demand for car parking spaces.
Therefore, the current provision of car parking is appropriate for the use.
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2.1. COMPARISON WITH PREVIOUS APPROVAL
Table 1 below provides a comparison of the proposed changes to the original approved development,
and highlights where there has been a change and notes where the change is expected to have a
positive impact.
Table 1 – Comparison of proposed changes with original approval
Element Comments on proposed changes
Ground floor tenancies The tenancies on the ground floor have been maintained in terms of
their size and location. The tenancy on the western side of the ground
level provides continues to address the southern and easterly aspects of
the site. The tenancies on the western side of the ground level have
been reoriented so that they both address the pedestrian laneways,
rather than the road frontage and car parking. However, the reoriented
tenancies continue to provide a glazed shopfront to the road and car
park frontage to ensure this edge is activated. Overall, the revisions to
the ground level provide a more logical layout given all pedestrian
access is now provided from the dedicated pedestrian spaces
surrounding the site.
Upper-level tenancies The tenancies on the ground floor have been maintained in terms of
their size and location, with one tenancy located either side of the
building core. The tenancy on the western side of the upper has not
changed. The tenancy on the eastern side has been altered to improve
the usability of the space and also to improve the interaction of this
tenancy with the public realm below. This change involves extending
the tenancy line out forwards the edge of the building, in lieu of having
distinct indoor and outdoor terrace areas which are shown in the
approval. On balance, this change is considered an improvement given:
▪ The glazing on the southern and eastern extents is operable, and when
climatic conditions permit, will allow this space to be almost fully
opened up which is consistent with sub-tropical design principles;
▪ Conversely, when climatic conditions require the space to be enclosed,
this can be achieved which maximisers the usability of the tenancy.
The current approval would likely result in the outdoor terrace having
reduced usability during particular weather events, including storms,
rain, wind and heat.
Architectural changes It is acknowledged that the proposal seeks to change the architectural
approach to the building. Overall, this should be viewed as an important
improvement to the design quality of the building. The design provides
an architectural form with a greater degree of articulation and variation,
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Element Comments on proposed changes
improved colours, and materiality that improves the overall presentation
of the building.
Addition of basement Whilst the existing approval includes base building facilities within
storage space common areas outside of tenancies (service corridor, bin room,
cleaners’ room and toilets), each tenancy will also need to provide
additional space and back of house space. This is particularly the case
for food and beverage tenancies which require space for the storage of
food and drinks. The addition of the basement storage area has
therefore been proposed as an improvement to the building which will
see these back of house areas being able to be located within the
basement areas rather than the tenancy spaces. This ensures that as
much of the tenancy space is able to be used for uses which activate
the ground and upper levels.
3. ASSESSMENT OF MINOR CHANGE
Schedule 2 of the Planning Act 2016, outlines the definition of a minor change for a development
approval (see below). Each of the proposed changes as outlined above have been assessed against
these criteria, as follows:
Schedule 2 - minor change means a change that—
(a) for a development application—
(i) does not result in substantially different development; and
(ii) if the application, including the change, were made when the change is made—
would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency if there were no referral agencies for the
development application; or
(C) referral to extra referral agencies; or
(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
(E) public notification if public notification was not required for the development
application; or
(b) for a development approval—
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(i) would not result in substantially different development; and
(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
(B) referral to a referral agency, other than to the chief executive, if there were
no referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(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
(E) public notification if public notification was not required for the
development application. (our emphasis)
Each of the proposed changes have been assessed against these criteria, as set out in the following
sections.
3.1. SUBSTANTIALLY DIFFERENT DEVELOPMENT
In respect to part (b)(i) of the definition of Minor Change and what constitutes a substantially different
development, it is appropriate to have regard to the Development Assessment Rules, Schedule 1,
which sets out the substantially different development ‘test’. An assessment of the proposed changes
against the substantially different development criteria in the Development Assessment Rules is
included in the table below.
Table 1 - Substantially Different Development
Guideline Criteria Response
Involves a new use. The proposal does not involve the introduction of a new
use. The original development approval granted
approval for the whole of the premises to be utilised for
the purpose of a Food and Drink Outlet and Office. The
proposal involves only changes to the internal and
external design.
Results in the application applying to a No new or additional parcels of land are being applied
new parcel of land. over as part of this Minor Change application.
Dramatically changes the built form in Internal changes are isolated to amendments to the
terms of scale, bulk and appearance. configuration of the building through rearrangement of
tenancy and service space.
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Guideline Criteria Response
External changes include improved structural
articulation, planting space, delineation of shop fronts,
larger windows and operable glazing as well as more
varied use of colour and materials. As such, the
proposed changes would not result in variation to scale,
bulk and appearance.
Changes the ability of the proposed The proposal does not change how the premises
development to operate as operate. The premises was approved as a Food and
intended. For example, reducing the Drink outlet and Office and would continue to operate as
size of a retail complex may reduce the such following the changes.
capacity of the complex to service the
intended catchment.
Removes a component that is integral to No components of the approval that the proposed
the operation of the development. development is altering are considered integral to the
operation of the development. The proposal only
involves changes to the internal and external design
Significantly impacts on traffic flow and The proposal would not impact on traffic flow given the
the transport network, such as development would operate in a similar manner to the
increasing traffic to the site. existing retail use. Access and parking have been
suitably addressed in the parent application.
Introduces new impacts or increases the The proposal is not anticipated to result in any new
severity of known impacts. impacts being experienced on the site.
Removes an incentive or offset There are no incentives or offset components being
component that would have balanced a removed as part of the amendments.
negative impact of the development.
Impacts on infrastructure provision. There are no impacts to infrastructure provisions as a
result of the proposed changes.
3.2. PROHIBITED DEVELOPMENT
In respect to part (b)(ii)(A) of the definition of Minor Change, the proposed Minor Change will not
introduce or involve any prohibited development.
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3.3. REFERRAL AGENCIES
In respect to part (b)(ii)(B) and (C) of the definition of Minor Change, the proposed Minor Change will
not result in referral to any new or extra referral agencies. The original application was referred for the
assessment of State-controlled Road matters, and a separate Minor Change application concurrently
with this application.
3.4. PUBLIC NOTIFICATION
In respect to part (b)(ii)(E) of the definition of Minor Change, the existing development application
required public notification, as such the proposed changes do not alter the level of assessment and
require notifying the public.
3.5. NOTIFYING AFFECTED ENTITIES
There are no affected entities for this Minor Change.
4. AMENDMENTS TO PLANS AND APPROVED DOCUMENTS
It is requested that the list of ‘Approved Plans’ be updated to reflect the revised plans included in
Appendix E. The requested changes are summarised in Table 2 below.
Table 2: Proposed Drawings and Documents
Existing Approval MCU22/0154 Proposal Plans
Plan No. Rev. Plan/Document Date Plan No. Rev.. Plan/Docume Date
Name nt Name
DA200-B B Proposed ground 08.02.2 23011- - Ground level Sept
level plan prepared 023 DD 10.01 floor plan 2023
by DT Architect
DA201-C C Proposed upper 08.02.2 23011- - Level 01 Sept
floor plan prepared 023 DD 10.02 Floor Plan 2023
by DT Architect
DA202-A A Proposed section 19.01.2 23011- - Elevations Sept
prepared by DT 023 DD 20.01 2023
Architect
DA203-B B Proposed 08.02.2 23011- - Sections Sept
elevations prepared 023 DD 30.01 2023
by DT Architect
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Existing Approval MCU22/0154 Proposal Plans
Plan No. Rev. Plan/Document Date Plan No. Rev.. Plan/Docume Date
Name nt Name
DA204-B B Proposed 08.02.2
elevations prepared 023
by DT Architect
DA400 - Finishes schedule 19.01.2
prepared by DT 023
Architect
4.1. AMENDMENTS TO CONDITIONS
It requested only the proposal plans be updated. No other changes are requested to the approval
package.
5. APPLICATION FEE AND OWNERS CONSENT
In accordance with Noosa Council’s Schedule of Fees and Charges for 2023/24, this application is
considered eligible for the minor change (minor matters) application fee of $2,516.00.
Owner’s consent has been provided and is appended in Appendix A of this application.
6. CONCLUSION
In summary, the above assessment demonstrates that the proposed changes can be considered to be
minor changes to the approval under the Planning Act 2016. The proposed changes are considered
minor in nature and do not result in significantly different development. The proposed changes are
generally limited to internal layout changes, along with revisions to the external appearance of the
building. The proposed changes would provide an enhanced building aesthetic and would ensure that
the development operates in a manner which reflects current operating procedures and the prominent
location of the site.
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We trust the supplied documentation is sufficient in order for Council to undertake an assessment of this request. If you have any questions, please do not hesitate to contact the undersigned on (07) 3007 3800. Yours sincerely, Liam Martin Associate Director Ltr-231018-Minor Change Application-Peregian 12
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