L04 Permissible change.doc · MCU14/0016.01

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The owner of the site has now secured several tenants who require altered tenancy floor areas. In this
regard amended plans have been prepared which illustrate changes to tenancy 3 and 4 and the upper level
office areas.

Attachment A provides plans prepared by Peter Middap Architects of the proposed changes which detail:

                 •   Reduction of ground floor shop areas as detailed in the table below;

                 •   Increased upper level office area as detailed in the table below;

                  Tenancy                 MCU 14/0016             Current proposal
                  Shop 1                  192m2                   160m2
                  Shop 2                  180m2                   150m2
                  Shop 3                  176m2                   120m2
                  Shop 4                  202m2                   155m2
                  Upper Floor Office      104m2                   200m2
                  TOTAL                   854m2                   785m2



                 •   New rear stairway from upper level;

                 •   Rearrangement of upstairs office area;

                 •   Increased service areas to rear of ground floor tenancies;

                 •   4 scooter parking bays and 1 vehicle carpark;

                 •   No external works proposed;

                 •   No new floor area.

In support of the proposal the following is noted:

        •   MCU14/0016 approves over 854m2 for the site and the changes to the plans detail an
            area of 785m2.

        •   All works are internal to the site;

        •   Carparking fully complies with scheme requirements as shops have a higher carparking
            rate than offices;


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:

         (1) A permissible change, for a development approval, is a change to the approval that
        would not, because of the change—
        (a) result in a substantially different development; or
        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or
        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed; or

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        (d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

        (a) result in a substantially different development;

           The proposed change does not result in a substantially different development as minimal
           works are proposed and the uses remain the same.


        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or

           No concurrence agencies would be triggered by the proposal and the level of assessment
           has not altered.

        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;

           Not applicable.


        (d) cause development to which the approval relates to include any prohibited development.

             Not prohibited development.

The proposal is therefore considered to be able to be considered as permissible change.


Noosa Plan

The site is included in the Noosa Heads Locality which provides a Business Centre Use zoning over
the property. The proposal has been reviewed against the provisions of the Noosa Plan and is
considered to generally fulfill the provisions of the planning scheme.

The proposal does not increase site cover, gross floor area or affect landscaped open space and
merely relocates approved floor area within an existing building

No carparking is applicable to the changes application as the shop area which is being transferred to
the upper level has a higher rate than offices.


CONCLUSION
The request to change the approved plans and relocate approved ground floor level shop area to the upper
floor and use whilst increasing service areas within the building complies with the requirements of the
Noosa Plan . It is considered the changes could be dealt with as Generally in Accordance however as
discussed with Council staff this permissible change is lodged. The applicant seeks Council support for
the proposal.

The attached development application includes:

              Proposal plans prepared by Peter Middap Architect;

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               A completed Sunshine Coast Council Request to Change Existing Approval and/or
               Extension of Relevant Period form; and

               Councils application fee of $935.00 will be paid separately.


The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.


Yours sincerely,




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty Ltd

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                                                                          Attachments
  ___________________________________________________________________________________

Attachment A – Proposal Plans

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