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PR102995-10_Minor Change

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Our ref: PR102995-10
                                                                                             Level 8, 31 Duncan Street
                                                                                             Fortitude Valley QLD 4006
                                                                                             T +61 7 3539 9500
Date: 10 September 2024


Noosa Council
PO Box 141
Tewantin QLD 4565



Dear Sir or Madam,


Application for a minor change to a development approval (pursuant to Section 78 of the Planning
Act 2016) on land at 178 Eumundi Noosa Road, Noosaville QLD 4566 (Lot 101 on SP279285)
Your Ref: REC14/0005.02 & REC14/0005.03

We refer to the Minor Change approval issued by Noosa Council on insert 3 November 2020 for the above
site (Ref: REC14/0005.02 & REC14/0005.03). The development approval comprises:
•     Development Permit for Reconfiguring a Lot (1 Lot into 2 Lots); &
•     Approval to extend currency period under Section 86 of the Planning Act 2016.
On behalf of Bunnings Properties Pty Ltd we make this application to change the development approval, to
you as the responsible entity.
The proposed change is a minor change. In brief, it involves the amending of conditions to align with a
Material Change of Use approval issued over the site on 21 May 2024 (Ref: MCU22/0051).
We provide further detail about the change below.

1         Proposed change
1.1       History
178 Eumundi Noosa Road, Noosaville (the subject site) is more formally described as Lot 101 on SP279285.
The subject site has been subject to several development approvals of relevance to this change, which are
summarised as follows:
•     Approval for Reconfiguring a Lot (REC14/0005) was issued over the site in July 2014 and a negotiated
      decision notice granted on 25 September 2014. This approval constitutes the original decision notice for
      this change.
•     An extension request approval (REC14/0005.01) in accordance with s86 of the Planning Act 2016 was
      issued in October 2018, extending the currency period of the ROL approval to 25 September 2020.
•     An extension request approval (REC14/0005.02) and Minor Change approval (REC14/0005.03) was
      issued in November 2020, extending the currency period of the ROL approval to 25 March 2023, and
      resulting in minor changes to the approved plans and conditions of approval.
             Note: The development approval remains current to 25 September 2024 due to timeframe extensions afforded
             by the COVID-19 Applicable Event.
•     A Material Change of Use (MCU) was granted (MCU22/0051) over approved Lot 103 through the
      Planning and Environment (P&E) Court in May 2024 for “Hardware and trade supplies”.




RPS AAP Consulting Pty Ltd. Registered in Australia No. 97 117 883 173
rpsgroup.com                                                                                                    Page 1
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Our ref: PR102995-10

•      A request to extend the currency period was lodged to Noosa Council (REC14/0005.04) in June 2024 to
       extend the currency period to September 2029 to align with the currency period of MCU22/0051. This
       request is currently under assessment by Council.
Through the course of assessment of REC14/0005.04, Noosa Council have requested that a Minor Change
be lodged against REC14/0005.02 & REC14/0005.03 to align conditions of this approval with those within
the MCU approval for Hardware and trade supplies (MCU22/0051) which is approved over the subject site.
Noosa Council have confirmed that support for REC14/0005.04 can be provided subject to lodgement of this
Minor Change request.

1.2       Overview
The purpose of this Minor Change request is to amend particular conditions of approval for REC14/0005.02
and REC140005.03 to align with MCU22/0051 approved over Proposed Lot 103. Specific conditions to be
amended are detailed within Section 4.2 of this report, however the general intention is to amend conditions
pertaining to:
•      Land dedications along Gateway Drive.
•      Road, cyclist, and pedestrian infrastructure upgrades within the site frontage to Gateway Drive.
•      Stormwater and overland flow management from adjoining upstream properties to the east.
•      Consequential requirements for easements associated with stormwater infrastructure.

2         Minor Change Status
The proposed change to the development approval is consistent with the definition of a ‘minor change’ under
the Planning Act 2016 as outlined below:

2.1       Minor change definition

Under Schedule 2 of the Planning Act 2016, a minor                       Response
change (for a development approval) means a change
that:
      would not result in substantially different development;           Demonstration that the change does not constitute
      and                                                                substantially difference development is provided section
                                                                         2.2 below.
      if a development application for the development,
      including the change, were made when the change
      application is made would not cause
            the inclusion of prohibited development in the               The proposed changes do not result in the inclusion of
            application; or                                              prohibited development.
            referral to a referral agency, other than to the    The proposed change does not require a referral to a
            chief executive, if there were no referral agencies referral agency, other than the chief executive.
            for the development application; or
            referral to extra referral agencies, other than to           The original approval did not require referral to any referral
            the chief executive; or                                      agencies, other than the chief executive.
            a referral agency, in assessing the application              The original approval did not require referral to any referral
            under section 55, to assess the application                  agencies.
            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
            public notification if public notification was not           The original application was Code Assessable. The
            required for the development application.                    proposed change does not trigger the need for public
                                                                         notification.




RPS AAP Consulting Pty Ltd. Registered in Australia No. 97 117 883 173
rpsgroup.com                                                                                                                     Page 2

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Our ref: PR102995-10

2.2       Substantially different development criteria

Under Schedule 1 of the Development Assessment                           Response
rules, a change may be considered to result in
substantially different development if any of the
following apply to the change:
(a) involves a new use;                                                  The change does not involve a new use.
(b) results in the application applying to a new parcel of               The change does not result in the application applying to a
    land; or                                                             new parcel of land.
(c) dramatically changes the built form in terms of scale,               The proposed change retains the approved allotment
    bulk and appearance; or                                              layout, and thus does not result in a dramatic change in
                                                                         terms of scale, bulk or appearance.
(d) changes the ability of the proposed development to                   The changes align the approval with subsequent approved
    operate as intended; or                                              land uses over the metes and bounds of Proposed Lot
                                                                         103, allowing the approved allotment layout to service its
                                                                         ultimate intended use. The proposed change therefore
                                                                         allows the development to operate as intended.
(e) removes a component that is integral to the operation                The proposed change does not remove a component that
    of the development; or                                               is integral to the operation of the development. The
                                                                         change introduces new components which allow the
                                                                         approved allotment layout to service its ultimate intended
                                                                         use
(f) significantly impacts on traffic flow and the transport              The approved allotment layout is retained, and thus no
    network, such as increasing traffic to the site; or                  additional traffic flow will be introduced. Notably, the
                                                                         change introduces conditions pertaining to the upgrade of
                                                                         Gateway Drive, improving the function of the road network.
(g) introduces new impacts or increase the severity of                   The proposed change does not introduce any new impacts
    known impacts; or                                                    or increase the severity of known impacts. The change
                                                                         provides additional conditions to manage anticipated
                                                                         impacts from future intended approved uses within
                                                                         Proposed Lot 103.
(h) removes an incentive or offset component that would                  The proposed change does not remove an incentive or
    have balanced a negative impact of the development;                  offset component that would have balanced a negative
    or                                                                   impact of the development.
(i) impacts on infrastructure provisions.                                The proposed change does not impact infrastructure
                                                                         provisions. No additional lots are proposed, and existing
                                                                         upstream catchment flows will continue to be captured and
                                                                         directed to a lawful point of discharge.


3         Referral agencies
As determined by Schedule 9 and 10 of the Planning Regulation 2017, the application does not require
referral to the State Assessment and Referral Agency (SARA). No referral agencies were triggered by the
original application, nor as a result of the change to the application.

4         Amendments to the approval
4.1       Approved drawings and documents
The proposed changes pertain only to the conditions of approval. The approved plan within the following
table will remain the approved document.
Plan No.                Rev.                  Plan/Document Name                                                      Date
102996-151              A                     Proposed Subdivision over Lot 101 on SP279285                           16 Sept 2020




RPS AAP Consulting Pty Ltd. Registered in Australia No. 97 117 883 173
rpsgroup.com                                                                                                                  Page 3

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Our ref: PR102995-10

4.2       Conditions
The proposed change seeks revisions to the current conditions of approval, including the following
(insertions/deletions):
Condition Amendments
7              Gateway Drive must be upgraded for the length of its frontage to the subject site. The works must be
               undertaken in accordance with an Operational Works approval and must include in particular the
               construction of a pedestrian footpath in accordance with the conditions of this Decision Notice. This
               condition is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk infrastructure.

7              Gateway Drive must be upgraded for the length of its frontage to the subject site. The works must be
               undertaken in accordance with an Operational Works approval, the approved plans of development and
               must include in particular:

                    a)    A road reserve dedication in favour of Council, maintaining a minimum verge width of 5m along the
                          development frontage.
                    b)    Modification of the existing pavement marking to extend the channelised right turn lane (CHR).
                    c)    Extension of the existing yellow line marking “No Stopping” zone.
                    d)    Construction of a pedestrian footpath in accordance with the conditions of this Decision Notice.
                Condition 7 is imposed pursuant to s665 of the Sustainable Planning Act 2009 being non-trunk
                infrastructure.
8              Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in
               accordance with an Operational Works approval and must include in particular a 2 metre wide footpath
               within the road verge extending from the end of the existing pathway in Gateway Drive to the northern
               boundary of proposed Lot 103. This condition is imposed pursuant to s665 of the Sustainable Planning Act
               2009 being non-trunk infrastructure.

8               Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in
                accordance with an Operational Works approval and must include in particular a two metre wide concrete
                footpath within the road verge for the entire length of the site’s frontage to Gateway Drive and connecting
                to the existing path fronting Lot 11 SP170295. This condition is imposed pursuant to s665 of the
                Sustainable Planning Act 2009 being non-trunk infrastructure.
8A              Carry out the development to ensure that adjoining properties, reserves and roads are protected from
                ponding or nuisance from stormwater as a result of any works undertaken.
9              The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The
               works must be undertaken in accordance with an Operational Works approval and must include in particular:

                    a)    A connection point for the future development of proposed Lot 103 to the existing stormwater
                          drainage system
                    b)    The retention of the existing overland flowpath that conveys stormwater runoff from the adjoining
                          property (Lot 26 SP151406) through proposed Lot 103. The flows must be contained and conveyed
                          wholly within a combined drainage solution consisting of underground drainage, capable of
                          accommodating flows up to a Q10 event, and a landscaped and suitably stabilised (rock lined or
                          other engineered alternative) open drain. The design of the drain must be sufficient to include all
                          design storm events up to and including the 1%AEP event of critical duration. Design calculations
                          (that include at a minimum depth of flow and velocity) and certification by a suitably qualified RPEQ
                          demonstrating the above must be submitted as part of the operational works application
                    c)    Additional elements in the design of the open drain (localised bunding etc) that allows stormwater
                          flows from the minor storm event to enter the existing piped system and ensure that velocities
                          (generated in both the major and minor events) are in accordance with the safety guidelines
                          recommended in QUDM.




RPS AAP Consulting Pty Ltd. Registered in Australia No. 97 117 883 173
rpsgroup.com                                                                                                            Page 4

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Our ref: PR102995-10

9              The site must be provided with a stormwater drainage system connecting to a lawful point of discharge. The
               works must be undertaken in accordance with an Operational Works approval, AS3500.3 and the
               Queensland Urban Drainage Manual, and must include in particular:

                    a)    Collection and discharge of stormwater to Council’s underground pipe network in Gateway Drive
                    b)    Extension of the site stormwater system to accommodate stormwater from the external catchment
                          East of the site, including registration of drainage easements over the pipe network within the
                          subject site in favour of the upstream lot.
                    c)    The retention of the existing overland flowpath that conveys stormwater runoff from the adjoining
                          property (Lot 26 SP151406) through proposed Lot 103. The flows must be contained and conveyed
                          wholly within a 600mm dia. underground pipe at minimum 2% grade, constructed along the
                          southern boundary of proposed lot 103.
                    d)    Cut off drains along the Eastern site boundary to convey external catchment flows up to the 1%
                          AEP climate change event into the pipe network within the site.


4.3       Infrastructure charges
The proposed changes do not change the approved number of lots, and thus no amendments to the
approved Infrastructure Charges Notice are required.

5         SUPPORTING INFORMATION
In support of these changes, please find attached the following information, which satisfied the requirements
of Section 79 of the Planning Act 2016:
•     Attachment A:           Planning Act Form 5
•     Attachment B: Owners Consent
Bunnings Properties Pty Ltd have paid an assessment fee of $2,174.00 for REC14/0005.04, being a request
to extend the currency period under s86 of the Planning Act 2016. Notably, this Minor Change is being
lodged at the request of Noosa Council during assessment of this s86 request, and thus a fee reduction is
considered appropriate in this instance.
Council’s 2024-25 Fees and Charges identify a fee of $2,617.00 for “Minor change to a Development
Approval - minor matters”. We consider it reasonable that only the difference between the s79 minor matters
fee and the s86 fee already paid be charged in this instance, being $443.00.


We look forward to continuing working with you on this development. In the meantime, if you have any
queries please contact the writer (contact details below) or Stephen Mason on +61 407 968 115.

Yours sincerely,
for RPS AAP Consulting Pty Ltd




Stewart Owen
Senior Planner
[email protected]
+61 7 3539 9534

cc:                          Jason Eden – Bunnings




RPS AAP Consulting Pty Ltd. Registered in Australia No. 97 117 883 173
rpsgroup.com                                                                                                         Page 5

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