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1.0 Minor Change Application · MCU16/0084.04

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                                                                 Building Suncoast Green
                                             P: 07 5448 8500 E: [email protected]
                                                         Town Planning & Building Design



1 May 2020




Ref: MCU16/0084.03 & OPW16/0157



Chief Executive Officer

Noosa Shire Council

[email protected]



Minor Change to a Development Permit 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 at 140-142 Eumundi Noosa Road Noosaville.

Dear Sir/ Madam,

With referrence to S.78 of the Planning Act 2016, the applicant seeks to make a minor change to the
existing development permit MCU16/0084.03. The application proposes a 17.13m2 increase to the gross
floor area (GFA) of the Ricks Bakery premises, approved for Entertainment & Dining Buisness, Type 1 –
Food & Beverages.

In support of this application please find attached the following documents:

       DA Form 5;
       Proposed Site Plan, by Watt Building & Construction; and
       Owners Consent




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Full text of the other 4 pages

Page 2

                                                                  Building Suncoast Green
                                              P: 07 5448 8500 E: [email protected]
                                                          Town Planning & Building Design

Background of Site
The subject site, legally described as Lot 2 RP173876 was granted a development permit (MCU16/0084 &
OPW16/0157) on the 17th November 2016 for Retail Business Type 5 - Vehicle uses, Retail Business Type 2
- Shop & Entertainment & Dining Business - Type 1 - Food & Beverages at 140-142 Eumundi Noosa Road
Noosaville.

A Generally in Accordance Request was made on 8th March 2017 and approved (MCU16/0084.01) for
minor alterations to the roof design (slope) of the main building.

A Permissible Change to the development approval was made on 27th April 2017 and approved
(MCU16/0084.02) to eradicate inconsistencies within the decision notice in which prevented approval of
the operational works.

A minor change to the development approval was made on 28th August 2017 to delete condition 62
within the Decision Notice. The change was approved on 24th October 2017, being application number
MCU16/0084.03



Summary of Proposal
The purpose of this application is to make a minor change to the existing development approval
(MCU16/0084.03). The minor change proposes a material increase of 17.13m2 GFA to the current floor
area approved for Entertainment & Dining Business - Type 1 - Food & Beverages, trading as Ricks Bakery.
The extension is proposed at the rear of the current tenancy for additional back of house preparation area
for the bakery. No further changes to the current layout are proposed as a result of this extension.

The proposal is not considered to drastically alter the current approved built form, as the extensions will
occupy a void at the back of the building which is currently roofed, and adjacent to rear entry stairs from
the ground floor staff parking area. Additional car parking is not required to satisfy the proposal given the
area is additional kitchen and food storage area, as per Table 14.114 Minimum Vehicle Parking
Requirements – Column 2 (Entertainment & Dining Business - Type 1 - Food & Beverages)




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Page 3

                                                                 Building Suncoast Green
                                             P: 07 5448 8500 E: [email protected]
                                                         Town Planning & Building Design

Minor Change Assessment

The Planning Act 2016 defines a minor change as a change to the approval that;

(i)     would not result in substantially different development;

In determining whether the proposed change would result in substantially different development, the
assessment manager or referral agency must consider the individual circumstances of the development, in
the context of the change proposed.

A change may be considered to result in a substantially different development if the proposed change:

 involves a new use; or                               The proposed change does not include a new use.
 Results in the application applying to a new parcel The proposed change does not include applying to
 of land; or                                          a new parcel of land.
 Dramatically changes the built form in terms of The proposal occupies a void at the rear of the
 scale, bulk and appearance; or                       building underneath the existing roof. As such is
                                                      not considered to drastically alter the bulk and
                                                      scale of the current building or change the general
                                                      appearance facing Project Avenue.
 Changes the ability of the proposed development The use will continue to operate as intended.
 to operate as intended; or
 Removes a component that is integral to the The proposed change does not remove a
 operation of the development; or                     component that is integral to the operation of the
                                                      development.
 Significantly impacts on traffic flow and the The minor change permits additional kitchen and
 transport network, such as increasing traffic to back of house food preparation area which is not
 the site; or                                         considered to generate higher than existing traffic
                                                      flows to the site.
 Introduces new impact or increased the severity of The proposed change does not increase the
 known impacts; or                                    severity of known impacts, nor does it introduce
                                                      additional impacts.
 Removes an incentive or offset component that The proposed change does not remove an
 would have balanced the negative impact of the incentive or an offset.
 development; or
 Impacts on infrastructure provisions.                The    proposed       change   does   not   impact
                                                      infrastructure provisions.




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Page 4

                                                                 Building Suncoast Green
                                             P: 07 5448 8500 E: [email protected]
                                                         Town Planning & Building Design

(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 change does not include any prohibited
     the application; or                              development.
 (b) Referral to a referral agency, other than to the No Referral required.
     chief executive, if there were no referral
     agencies for the development, application; or
 (c) Referral to extra referral agency, other than Not required.
     to the chief executive, or
 (d) a referral agency, in assessing the application No additional triggers or aspects require referral
     under section 55(2), to assess the application assessment.
     against, or have regard to, a matter, other
     than a matter the referral agency must have
     assessed the application against, or had
     regard to, when the application was made; or
 (e) public notification if public notification was Public notification was required for the original
     not required for the development application     application and carried out in accordance with the
                                                      Planning Act. Public Notification is therefore not
                                                      required for the minor change.



The above assessment demonstrates that the proposed change to the existing approval fits the test of a
minor change in accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.




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Page 5

                                                                  Building Suncoast Green
                                              P: 07 5448 8500 E: [email protected]
                                                          Town Planning & Building Design

Conclusion
In conclusion we believe the proposed change to the development approval at 140-142 Eumundi Noosa
Road Noosaville results in a consistent use of the site in accordance with current approval MCU16/0084.03.

The subsequent minor change to the existing approved building is considered to provide comparable built
form, efficient use of the subject site and maintains the operations that exist at the property.

If for any reason you require further information regarding this matter please do not hesitate to contact
Will Johnson on (07) 5448 8500 or via email at [email protected]




Regards,




Will Johnson
Planner (PIA)
Building Suncoast Green




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