Planning Statement

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147NPWERS

      

45P246584

  

1SP222982

  

Site location
Figure 1: Satellite view of site and surrounds ,

Figure 1-

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2. THE DEVELOPMENT APPLICATION
Since issue of the development permit and the changes to the plans in 2020, the applicant has
continued to refine the design as a result of changes to the tenant mix. The applicant has been
working closely with prospective tenants who have now advised of their specific requirements for
equipment which has resulted in changes to the height of the building. The changes are a direct
result of the height of specialist equipment which in some instances needs a floor to ceiling space of
approximately 5 metres as well as compliance with relevant government health standards. The
increase to the height has been limited to the central areas of the building to minimise impacts on
the surrounding area.

The applicant therefore seeks Council approval to change the approved plans to those included in
Attachment A.

The changes include:

Building Height

        Increase height of lift overrun from 11.3 metre to 13.25 metres
        Increase height of central portion of building from 10.2 metres to 12.15 metres
        Change to roof line
        Note that due to water table, building cannot be further excavated into the site




Parking

        Reduction of motorcycle spaces from 54 spaces to 50 spaces
        Increase in carparking spaces from 74 to 75 spaces


Ground Floor

        Internal changes to tenancy layout resulting in a reduction in floor area from 6363m2 to
         5989m2
        Change relates to moving floor areas to create larger more versatile spaces and providing
         more light and ventilation along western walls


3. PRELODGMENT

A pre-lodgement meeting was held with Noosa Council officers on 21st September 2021 to discuss
the proposed changes to height and use of the building for overnight stays. Council staff advised
they did not consider overnight stays to be an ancillary use and made the following comments about
height:

        2. Overall outcome (4) (b) of the zone code in Noosa Plan requires buildings with a high level
        of architectural design. The proposed design changes are not supported. The existing
        approval features a well designed Noosa style building with wide roof overhangs and a mix of
        materials, and it is important to note that the building was approved over the allowable height
        and at 3 storeys due to the good design and setbacks from the street.

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      3. Changes in height to what is approved from 10.2m (and lift overrun 11.3m) to 11.35-
      11.77m and lift overrun to 12.97m in quite significant, as the maximum height allowable in
      Noosa Plan is 10 metres. There would be no support for increase of height if the design
      changed. If the design remains the same, the impacts of increase height would need to be
      assessed. The applicant would need to demonstrate potential impacts of increased height
      and include supporting information in any application. Further, please outline in any
      application, why additional height is required, where it was not intended initially (existing
      proposal and approval). It is also suggested to investigate if the approved roofline on the top
      level is appropriate (from a bulk point of view) in the context of an increase in height of the
      building. Note that the existing approval reflects existing roof overhangs which aesthetically
      enhances the building.

The applicant noted that comments provided by staff and has revised the plans to ensure retention
of roof overhangs and external details. This application does not seek approval for overnight stays.

4. COMPLIANCE WITH STATE PLANNING POLICIES
The proposal is compliant with State Planning Policies.



4. ASSESSMENT
The applicant seeks to make a minor change to the existing development approval under Section 78
of the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to
what defines a minor change is detailed below. The Planning Act 2019 states that a minor change:

      b) for a development approval, is a change to the approval that —

          (i) would not result in a 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, in assessing the application under section 55(2), to assess the
              application 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 not required for the development
              application.

The proposed changes are considered to constitute a minor change as per the Planning Act as
detailed below:

       The proposed changes to the use will not result in substantially different development as
        detailed in 4.1 below;

          If the application including the proposed changes were remade it would not:
                  - Include prohibited development
                  - Require referral to any referral agencies or additional referral agencies as no
                       referral agencies are triggered by the use or site location
                  - Require referral to extra referral agencies as no referral agencies are triggered
                       by the use or the site location
                  - No referral agencies triggered
                  - Public notification was carried out as part of original development application.
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4.1        Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determining whether a proposed change
to a development approval results in substantially different development. The proposed changes
have been reviewed against this criteria with the changes not considered to be a substantially
different development as detailed below:

          (a) involves a new use;

          No new uses are proposed as part of the change application as the changes relates to
          changes to the layout.

          (b) results in the application applying to a new parcel of land;

           No new parcel of land to be utilised.

          (c) dramatically changes the built form in terms of scale, bulk and appearance;

          No dramatic changes to the built form. The increase in height is located central to the site and
          building and will not be readily visible from surrounding areas.

          (d) changes the ability of the proposed development to operate as intended;

          Changes improve upon the function of the building.

          (e) removes a component that is integral to the operation of the development;

          Does not remove a component that is integral to the operation of the development.

          (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to
          the site;

          Building design changes do not impact on traffic or transport networks.

          (g) introduces new impacts or increase the severity of known impacts;

          Changes provide a more efficient internal layout for the building as a result of further design
          and development. No change to existing impacts of the development. The increases in height
          are located central to the site and building and will not be readily visible to the surrounding
          area. The existing setbacks and opportunities for landscaping further screen the development
          from the surrounding industrial area.

The proposed change to the existing approval are considered to meet the requirements detailed
under the Planning Act and the Development Assessment Rules for a Minor Change and will not
result in a substantially different development.

The proposed changes are considered minor changes under the Act.


4.2 Noosa Plan 2020

The Noosa Plan includes the site in the Major Centre zone and in the Business Park Precinct 5A.
The assessment table for this zone indicates that offices and medical centres are code assessable
uses and are to be assessed against the following codes:

          Noosaville Local Plan Code
          Major Centre Zone Code
          Community Activities Code
          Works Code.

The Major Centre zone code details that buildings are to have a height of:
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     AO16.1
     (b) Noosa Business Centre –
        (i) if a site is identified as a gateway site on Figure 7.2.4.5 (Noosa Business Centre Framework
              and Character Plan), that portion of the site located within 50 metres of the street frontage -
              12 metres; or
        (ii) are part of a mixed-use building incorporating residential uses, or in the High density
              residential precinct -12 metres; otherwise
        (iii) 10 metres.

The existing approval provides for a height of 10.2 metre for the main building with the lift well
permitted to achieve a height of 11.3 metres. The proposed changes to the building result in a
height of 13.25m for the lift overrun along with the central portion of the building at 12.15m as
demonstrated below:




The applicant notes that a mixed use development could achieve a similar height and would be
considered to have an appropriate scale and bulk for the area.

As the proposal does not comply with the acceptable outcomes the development has been reviewed
against the Performance Outcome below:

PO16
Buildings and other structures:

    (a) are low rise and have a visual bulk and architectural scale consistent with structures on adjoining
        or nearby land;

    The majority of the building complies with the height requirements of the area and is consistent with
    the character of the area which comprises industrial buildings and the Noosa Civic to the east. The
    applicant also notes that there is a concrete batching plant to the north which has a height of over 15
    metres.




    Photograph of existing concrete batching plant to the north west of the site

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    have the following maximum building height:
           i.     for Noosa Junction three storeys;
          ii.     for the Noosa Business Centre two storeys, except a gateway site or a mixed-
       use building incorporating a residential use which may be three storeys.

    The number of storeys is not altered by the proposed changes to height in metres.

    (b) do not visually dominate the street, surrounding spaces or the existing skyline;

    The area of intrusion is located central to the site and central to the building and will not be readily
    visible to the surrounding area. The building is well setback from the road with good landscaped
    setbacks that will provide additional softening to the building. The adjoining industrial buildings and
    associated yards will not be affected by the increased height.

    (c) preserve the amenity of surrounding premises including privacy, views and access to sunlight.

    The proposed building height does not impact on privacy views or access to sunlight due to the
    location in the centre of the site and building. The adjoining industrial area will not be affected by the
    proposed height.


5. CONCLUSION
The proposed changes to the approval are considered minor and do not impact on the surrounding
area or adjoining properties. This application can be supported on a number of grounds as
previously detailed and include:
               The proposed changes are considered minor as they meet the requirements of the
                Planning Act.
               The proposed changes provide a more efficient internal layout for the building and
                cater for specialist equipment.
               The proposed changes to height do not impact on the amenity of the area and will be
                appropriately screened and complement the form of development in the area.
               The proposed changes are consistent with the provisions of the Noosa Plan.

Please find attached:

       Change Form 5
       Attachment A - Proposal plans


The Assessment Manager’s favourable consideration of the above development application is
recommended and if you have any queries please contact our Sunshine Coast office.

Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




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