1. NC_Covering letter Minor change 1124

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1. Completed Change Application Form 5 and Owner’s consent;
2. A copy of the existing Development Permit (Negotiated Decision Notice
   MCU12/0133 (including previous GIA determinations) the subject of this application
   - Attachment 1;
3. A copy of Relevant Plans (Site Plan / Floor Plan / Elevation / Perspectives) for the
   Gymnasium extension (including minor new pavements) the subject of this
   application - Attachment 2;
4. Documentation supporting the applicant’s eligibility for a 50% reduction in
   application fees - Attachment 3;
5. Current Property Searches - Attachment 4;
6. A statement below with regard to the proposed development works - supporting that
   the that there is no material change of use occasioned by the proposed extension to
   the Gymnasium / minor pavement work and that the development should otherwise
   be considered a minor change to the existing development permit.

Note: There were no referral agencies for the development approval other than the chief
executive. Referral of the change application to the chief executive is otherwise not
required - pursuant to s.80(1)(a) of the Planning Act 2016.

1.    Change Application Fee:
      Council’s fee for the above application is $1,308.50, being 50% of the scheduled
      fee of $2,617.00 for non-profit / charitable / religious organisations – as supported
      by Attachment 3. Payment will be made online, post lodgement.

2.    Background:
      Edmund Rice Education Australia currently operates an educational premises /
      school at 2 Girraween Ct Sunshine Beach – being the Noosa Flexible Learning
      Centre (NFLC) – on land descried as part of Lot 3 RP 887636, being Lease A on
      SP246435. A copy of the current title search and relevant property searches is
      provided at Attachment 4.

      The educational premises was established pursuant to a Development Permit for
      Material Change of Use of Premises (Education - Type 2 School) – granted on 4
      June 2013 by the (former) Sunshine Coast Regional Council - Council Ref:
      MCU12/0133.

      Council has agreed previously to Generally in accordance with determinations
      relating to the following developments:
      -      An extension to the existing basketball court slab, including a new roof over
             the area, in 2016 (copy provided at Attachment 2); and
      -      A storage shed in 2020 (copy of plans provided at Attachment 2).2

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  Note: These determinations were additionally based on engineering advice concerning minimising runoff
by not having downpipes directly connected to the street stormwater drainage system - whereby runoff
sheet flows to ground or discharges to ground level via a downpipe, where it subsequently is able to
infiltrate into site soils.
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      The subject site of the existing school is zoned Community Facilities.

      The site is not affected by any relevant Overlays under the Noosa Plan 20003 - refer
      to Attachment 4.

3.    Minor changes
      The school has a requirement to improve the utility of current Gymnasium facilities
      on-site by providing for a minor building extension, as indicated on Drawing
      ASP10 - REV D1 - Proposed Site Plan (refer to Attachment 2).

      In addition to the above, minor extensions to pavements for access around the new
      extension to the Gymnasium and for the existing PE Court are proposed, as
      indicated on the submitted plans.

      Additional GFA proposed is 17 m2 and located beneath the existing roofline, hence
      no change in building height or impervious areas occurs as a consequence of the
      building extension - as indicated on Drawing ASP01 - Proposed Site Plan; ASP02 -
      Proposed Detail Site Plan; ASP10 - Proposed Floor Plan; and ASP20 - Proposed
      Elevations - refer to Attachment 2.

      Additional impervious area for new pavements is 77m2.

      No vegetation removal is required to facilitate the proposed works.

      The development has no effect on student enrolments or staff numbers, with the
      proposed works not considered to be a material increase in the intensity or scale of
      the existing use of the premises, with the additional GFA being ancillary and
      incidental to the existing approved educational use of the site.

      Drawings for the proposed minor extension and additional minor pavement work
      are provided at Attachment 2, prepared by Carol Dowd Architect, as per the Table
      below:

                                 Title                                 Drawing No.               Date
        Cover Sheet                                                 ASE00 - REV D1
        Existing Site Plan                                          ASE01 - REV D1             26/11/24
        Existing Floor Plan                                         ASE10 - REV D1             26/11/24
        Demolition Floor Plan                                       ASE12 - REV D1             26/11/24
        Demolition Elevations                                       ASE20 - REV D1             26/11/24



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 The site was previously affected by the Eastern Beaches Biodiversity Overlay (Koala Habitat Areas - per
Map OM4.1); and Eastern Beaches Natural Hazard: Bushfire & Acid Sulfate Soils Overlay (Medium
Bushfire Hazard Area in the northwestern corner of the site - per Map OM4.4). Matters regarding the
Overlays were dealt with in the original development application, with these overlays no longer having any
effect on the proposed location of the additional works for the extension to the existing Gymnasium and
pavements).
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      Proposed Site Plan                                   ASP01 - REV D1         26/11/24
      Proposed Detail Site Plan                            ASP02 - REV D1         26/11/24
      Proposed Floor Plan                                  ASP10 - REV D1         26/11/24
      Proposed Elevations                                  ASP20 - REV D1         26/11/24
      Perspective View 1                                   ASP50 - REV W1         26/11/24
      Perspective View 2                                   ASP51 - REV W1         26/11/24

4.   Proposed Minor Change Assessment
     Schedule 2 of the Planning Act 2016 provides the following definition for minor
     change for a development approval:
     (b)    for a development approval—
            (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.

     The proposed changes described in Section 3 above are considered a minor change
     for the following reasons:
     (i)    The proposed changes do not result in a materially different development.
            The changes have no effect on staff or student enrolments, with no additional
            teaching spaces proposed;
     (ii)   If the application for the approval had been remade including the change:
            (A) it would not cause the inclusion of prohibited development in the
                application, with no new use proposed as part of the change application;
            (B)   it would not cause referral to a referral agency, other than to the chief
                  executive, acknowledging that the original application required referral
                  to the chief executive (SARA);
            (C)   it would not cause referral to an extra referral agency other than the
                  chief executive, given the minor nature of the changes;
            (D) it would not cause 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 assessed the application against,
                or have had regard to, when the application was originally made – given
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            that the changes have no appreciable effect on any matters relating to
            State interests or changes to the existing staff and student cohort;
      (E)   it would not cause the application to be subject to public notice, given
            the original application was impact assessable development and subject
            to public notice;

Schedule 1 of the DA Rules (Substantially different development) further provides
that a change may be considered to result in a substantially different development if
any of the following apply to the proposed change:
(a) involves a new use; or
(b) results in the application applying to a new parcel of land; or
(c) dramatically changes the built form in terms of scale, bulk and appearance; or
(d) changes the ability of the proposed development to operate as intended; or
(e) removes a component that is integral to the operation of the development; or
(f) significantly impacts on traffic flow and the transport network, such as
    increasing traffic to the site; or
(g) introduces new impacts or increase the severity of known impacts; or
(h) removes an incentive or offset component that would have balanced a negative
    impact of the development; or
(i) impacts on infrastructure provisions.

The proposed changes do not result in substantially different development for the
following reasons:
(a) the proposed changes do not involve a new use of the land, with the minor
    extension to the Gymnasium and minor pavements providing for improved
    facilities for the existing use and remaining ancillary to the approved use of the
    site;
(b) the proposed changes do not result in the application applying to a new parcel
    of land;
(c) the proposed changes do not dramatically change the built form in terms of
    scale, bulk and appearance, with new building works being minor (17 m2 GFA)
    and located under the existing building roofline;
(d) the proposed changes do not change the ability of the proposed development to
    operate as intended, with the proposal resulting solely in improved facilities for
    existing staff and students;
(e) the proposed changes do not remove a component that is integral to the
    operation of the development, with no vegetation removal required;
(f) the proposed changes do not result in any significant changes to or impacts on
    traffic flow or the transport network, such as increasing traffic to the site. No
    additional traffic is expected to be generated as a consequence of the changes
    given there is no effect on staff or student numbers as a consequence of the
    development;
(g) the proposed changes do not introduce new impacts or increase the severity of
    known impacts, with the changes resulting solely in improved facilities for the
    existing staff and student cohort;
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      (h) the proposed changes do not remove an incentive or offset component that
          would have balanced a negative impact of the development, with no removal of
          site vegetation required; and
      (i) the proposed changes do not impact on infrastructure provision, with no
          additional staff or student numbers proposed or additional demand on existing
          infrastructure sevices.

      The proposed minor extension to the Gymnasium and minor additional pavement
      work are considered:
      1.   Ancillary and incidental to the approved use of the site for an educational
           premises;
      2.   Do not result any interference with protected vegetation, as a consequence of
           the proposed works;
      3.   Results in a minor increase in gross floor area of 17 m2 and impervious areas of
           77m2;
      4.   Do not result in a need for any additional (or reduce existing) onsite car
           parking bays;
      5.   Have no effect on staff or student enrolments at the school; and
      6.   Are not considered to result in a material increase in the intensity or scale of
           the existing use, in terms of the relevant definition under the Planning Act
           2017.

Should you wish to discuss this matter further, please do not hesitate to contact me.



Yours Faithfully



Michael McMahon
Director
Convergent247 Pty Ltd




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