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Minor Change Report
22 November 2019 Mr Glen Conforti – Development Planner Noosa Council Level 2, 9 Pelican Street Tewantin QLD 4565 Via email: [email protected] Dear Glen, MINOR CHANGE TO A DEVELOPMENT APPLICATION AT 2-18 & 20 HOFMANN DRIVE, NOOSAVILLE (COUNCIL REF: MCU/19/0054) The Applicant seeks to change the development application, before the application is decided and this letter is a notice of change. 1. BACKGROUND The development application is currently in the decision stage. Upon review of the objections received during the public notification period, Urbis met with Council officers on 6 November 2019 to discuss our submitted response to the submissions received and next steps of the development application. Council raised concerns with the extent of uses envisaged within the undefined use definition as well as specific uses not being allocated to certain tenancies. Specific land use concerns were also identified in the submissions received not being located during public notification (refer to our previous summary of submissions advice in Attachment 1). Whilst the changes are considered a minor change for the reasons outlined in this letter, they equally respond to the concerns raised by submissions and the on-going discussions with Noosa Council. In this regard, section 26.1 of the Development Assessment Rules states (emphasis added): For a change that is not a minor change,17 the development assessment process does not stop if the assessment manager is satisfied the change— (a) only deals with a matter raised in a properly made submission for the application; or (b) is in response to an information request for the application; or (c) is in response to further advice provided by an assessing authority about the application. Either way, it is contended that the development assessment process does not stop, Ltr-20191122-Minor change of Noosa Marketplace (MCU190054)
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2. NATURE OF THE REQUESTED CHANGES
The changes include:
• Undefined land use definition
o Removal of Shop, Hotel and Bar uses;
o Simplify the Low Impact Industry use in terms of consistency with Council’s expectations
for associated or subordinate activities;
o Clarify where certain uses can be located (e.g. limited to building 1);
o Delineate clear uses for most of the tenancies, with flexibility limited to the 2 larger
southern tenancies, being T03 and T04; and
• Confirmation on intended land uses for tenancies, noting amalgamation of tenancies T13 and T14
These are discussed further in the sections below.
2.1. UNDEFINED LAND USE DEFINITION
The following details the changes to the sub-set of uses included in the ‘Undefined Use’ definition.
Deletions are noted in red strike through format, with additions in blue.
As explained in the Information Request response (IR response), the proposal seeks a tailored
approach to land uses with bespoke use definitions that more appropriately describe the development.
This approach acknowledges that that the planning scheme defined uses / use types could result in
uses operating in an inappropriate or inconsistent manner or interpreted to be operating unlawfully.
The proposed undefined land use recognises that the retail experience is evolving, responding to
changing consumer preferences and expectations. This includes more hybrid retailers that sell both
bulky goods and smaller items in large shop / superstore or outlet store formats, and thus the
predominant ‘retail showroom‘ use definition is retained without amendment.
The revised Undefined Use definition is outlined below:
‘Undefined Use – Noosa Marketplace’ meaning an integrated mixed-use precinct for a range of uses
comprising:
• Retail Showroom – premises not less than 300m2 per tenancy used for the display and sale of
large or bulky goods, or large stocks of similar goods or related goods;
• Shop – premises less than 300m2 per tenancy used for displaying, selling or hiring goods
other than supermarket, department store or discount department store;
• Office – premises, limited to buildings’ 1 and 4, used for:
a) providing an administrative, financial, management or secretarial service or function;
or
b) the practice of a profession; or
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c) providing business or professional advice or services.
• Health Care Services – premise used for medical purposes, paramedical purposes, alternative
health therapies or general health care, if overnight accommodation and keeping of animals is
not provided on premises.
• Indoor Sport and Recreation – premises used for leisure, sport or recreation activity conducted
wholly indoors.
• Hotel premises used for—
a) selling liquor for consumption on the premises; and
b) Located within a tenancy comprising a Low Impact Industry.
A Hotel may also comprise a dining or entertainment activity, if the use is ancillary to the use
in subparagraph (a).
• Bar means the use of premises, with seating for 60 or less people, for —
a) selling liquor for consumption on the premises; or
b) an entertainment activity, or preparing and selling food and drink for consumption on
the premises, if the use is ancillary to the use in paragraph (a).
• Low Impact Industry – premises used for industrial activities that include the manufacturing,
producing, processing, repairing, altering, recycling, storing, distributing, transferring, treating
of products and have one or more of the following attributes:
a) minimal impacts on sensitive land uses due to off-site emissions including aerosol,
fume, particle, smoke, odour and noise;
b) traffic generation at a rate no more than other uses in this definition;
c) the use generally operates during the day (e.g. 7am to 7pm);
d) off-site impacts from storage of dangerous goods are minimal;
e) the use is primarily undertaken indoors.
The use includes the sale of goods, resulting from such operations, provided that sales space
does not exceed 20% of the use area. Any space dedicated for administration or accounting work
in connection with such operations does not exceed 20% of the use area.
• Food and drink outlet premises, limited to building 2, used for:
a) preparing and selling food and drink for consumption on or off the premises; or
b) providing liquor for consumption on the premises, if the use is ancillary to the use in
paragraph (a);
c) Excluding premises which contains a drive-through.
Any tenancy/s may be used for one, or a combination of, the above uses. For example, a Low Impact
Industry tenancy used for a brewery may include a Hotel or Bar use, or a Low Impact Industry making
clothing may include a Shop use to enable the sale of clothing from the same tenancy.
2.2. LAND USES & TENANCIES
As outlined in the following table, specified uses are identified in most tenancies. Only tenancies T03
and T04 retain flexibility consistent with the advertised application material. Please note that the
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amalgamation of previous tenancies T13 and T14 result in the renumbering of other tenancies. We
have identified (in brackets) below where tenancies have been renumbered.
Tenancy Gross Floor Area Undefined Use Component
T01 2760m2 Retail Showroom
T02 1800m2 Retail Showroom
T03 700m2 Office / Health Care Service / Indoor Sport and
Recreation / Low Impact Industry
T04 580m2 Office / Health Care Service / Indoor Sport and
Recreation / Low Impact Industry
T05 150m2 Low Impact Industry
T06 150m2 Low Impact Industry
T07 150m2 Low Impact Industry
T08 150m2 Low Impact Industry
T09 150m2 Low Impact Industry
T10 150m2 Low Impact Industry
T11 500m2 Retail Showroom
T12 325m2 Retail Showroom
T13 – two tenancies 460m2 Retail Showroom
merged into one
(previously T13 and
T14)
T14 (previously T16) 500m2 Retail Showroom
T15 (previously T17) 500m2 Retail Showroom
T16 (previously T18) 500m2 Retail Showroom
T17 (previously T19) 500m2 Retail Showroom
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Tenancy Gross Floor Area Undefined Use Component
T18 (previously T20) 2020m2 Indoor Sport and Recreation (ground level 680m²)
Office – (level 1 and level 2 -1,340m² )
T19 (previously T22) 118m2 Food and Drink Outlet
T20 (now T21) 98m2 Food and Drink Outlet
The above amendments to the tenancy layout have been reflected in the amended site plans in
Attachment 2, an extract of the revised site plan is provided in Figure 1 below. It is noted that the
proposed minor changes do not affect the overall built form, as the changes relate to land uses only.
Figure 1 - Revised site plan
Source: Buchan
As detailed above, the intended tenancies include a predominant focus on retail showroom with
7,845m² (of 12,261m²), being nearly two thirds of the proposed floor space.
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Given the earlier intent for flexibility of uses, rather than defined tenancies, we note that the previously
submitted Economic Impact Assessment addendum (dated 6 August 2019) and revised Traffic Impact
Assessment (dated 17.09.2019) provided an assessment against a higher quantum of the
predominant retail showroom use being:
• Economic Impact Assessment addendum - 8,780m²; and
• Revised Traffic Impact Assessment – 7,965m²
Accordingly, the information made publicly available during the public notification process has now
over-estimated the proposed quantity, and that a marginal reduction in this is inconsequential. We
note that the base position to support the intended retail showroom use remains valid and consistent,
being that the total trade area is currently undersupplied by just over 23,000m², increasing to almost
38,000m² by 2031, assuming no other competitive development come online during this period.
The statutory elements of the proposed minor change are discussed in Section 3 below.
3. ASSESSMENT OF MINOR CHANGE
Consideration has been given to the relevant matters for assessing a minor change in the Planning
Act, having regard to the definition of minor change in Schedule 2 and the assessment criteria in
Section 52(3).
3.1. SCHEDULE 2 ASSESSMENT CRITERIA
Schedule 2 of the Planning Act, 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
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(E) public notification if public notification was not required for the development
application; or
Each of the proposed changes has been assessed against these criteria, as set out in the following
sections.
3.1.1. 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.
Guideline Criteria Response
Involves a new use The proposed development does not involve any
new use. The applicant merely seeks to further
clarify the nature, design and operation of certain
tenancies to reduce concerns. The changes also
delineate the intent for the small-scale and
incubator businesses to focus on low impact
industry uses, whilst retaining a mix of larger
scale anchors, both retail and non-retail. There
remain only 2 tenancies that seek some flexibility,
being Tenancies T03 and T04 which account for
approximately 10% of the overall floor area.
Results in the application applying to a new No new parcels of land are introduced as a result
parcel of land. of this change.
Dramatically changes the built form in terms of The proposal does not change the built form in
scale, bulk and appearance. any way. The proposed change is consistent with
the scale, built form and appearance as lodged to
Council’s Information Request, and as presented
to the community through the public notification
stage.
Changes the ability of the proposed development The proposed changes do not affect the changed
to operate as intended. For example, reducing development’s ability to operate as intended,
the size of a retail complex may reduce the being an integrated mixed-use precinct for a
capacity of the complex to service the intended range of defined uses.
catchment.
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Removes a component that is integral to the Whilst Shop, Hotel and Bar uses have been
operation of the development. removed within the undefined use definition,
these uses are not considered integral to the
operation of the development. This change also
responds in part to Council and submitter
concerns. The proposal retains the key attributes
of the existing development application in seeking
to deliver an integrated mixed-use precinct for a
range of uses, with a focus on retail showroom.
The core of Building 1, comprising tenancies T05
to T10, are now specifically focused on Low
Impact Industry uses. As noted in Issue 1, sub-
item 2 of the Information Request response,
Council may still consider it necessary to include
a specific condition to limit the use to a range of
supported low impact industry uses.
Where flexibility in uses is sought, this is clearly
delineated, being tenancies T03 and T04.
Significantly, this flexibility has always been
proposed through the development application.
The car parking and servicing arrangements to
support the development have been reviewed by
Cambray Consulting (See Attachment B) and
confirmed to be adequate (see impacts below).
Significantly impacts on traffic flow and the The proposed changes maintain the proposed
transport network, such as increasing traffic to access / egress and internal circulation
the site. arrangements.
When compared to the traffic volumes previously
assessed as part of the Revised Traffic Report,
the adopted uses are expected to generate
considerably fewer vehicle trips than those
adopted for the previous SIDRA assessments.
The proposed car parking provisions continue to
be appropriate to cater for a combination of land
uses due to the varying parking demands for the
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proposed uses across the site, including any
tenancies that have interchangeable uses (i.e.
Tenancies T03 & T04).
Introduces new impacts or increases the severity The proposal does not introduce new impacts or
of known impacts. increase the severity of known impacts. The
nature, design, and operation of the intended
tenancies was detailed in response to Issue 1,
Item 2 in the Information Request response.
The confirmation of solely low impact industry
within the Building 1, including the small-scale
incubator tenancies at T05 to T10 as individual
tenancies, or collectively, are at a scale where
impacts can easily be managed through
conditions of approval.
Removes an incentive or offset component that No incentives or offsets are being removed.
would have balanced a negative impact of the
development.
Impacts on infrastructure provision. The proposal does not impact on the provision of
infrastructure. No additional demand is expected
in relation to water, sewer or transport as a result
of the changes.
3.1.2. Prohibited Development
In respect to part (a)(ii)(A) of the definition of Minor Change, the proposed Minor Change will not
introduce or involve any prohibited development.
3.1.3. Referral
In respect to parts (a)(ii)(B), (C) and (D) of the definition of Minor Change, the original application was
referred to referral agencies. The application, should it be made today, would not require any
additional or new referral.
3.1.4. Category of Assessment and public notification
In respect to parts (a)(ii)(E) of the definition of Minor Change we note that public notification for this
application has ended, with only four (4) properly made submissions made. However, as outlined
above, this change is proposed in part to matters raised in the submissions. It is contended that the
development assessment process does not stop, and that readvertising is not required.
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4. NOTIFYING AFFECTED ENTITIES
In accordance with Section 52(3) of the Planning Act, the Applicant is required to notify affected
entities of the minor change application.
We note that Noosa Council, being the Assessment Manager is the relevant affected entity of this
application.
5. CONCLUSION
The proposed minor change has been assessed against the Substantially Different Development test
and in accordance with Schedule 2 of the Planning Act. The proposed changes also respond in part
to the collective concerns raised through submissions and the on-going discussions with Noosa
Council.
In summary, we consider that the above assessment demonstrates that the proposed changes can be
considered a minor change to the development application under the Planning Act.
Please find attached in support of this Minor Change:
• Attachment 1 – Response to Submissions from Public Notification;
• Attachment 2 – Architectural Plans by Buchan Group;
• Attachment 3 – Traffic engineering advice by Cambray Consulting;
We consider the supplied documentation is sufficient in order for Council to undertake an assessment
of this change application and seek that a determination runs concurrently with the decision, which is
due to complete on 11 December 2019.
We note that the current application attracted a substantial fee of $347,046. Therefore, we consider
these matters should not attract a further assessment fee given they respond in part to matters raised
through this process.
If you have any questions please do not hesitate to contact either Andrew McKnight or the
undersigned on (07) 3007 3800.
Yours sincerely,
Ashley Lane
Director
Enc: Attachment 1 Response to Submissions from Public Notification
Attachment 2 Architectural plans
Attachment 3 Traffic Engineering Advice
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