Council archive · source document
Minor Change Report 51997 2256 02 [As Published] · 51997.2256.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Tara Norley
Development Assessment
APPLICATION DETAILS
Application No. 51997.2256.02
Development Approval Town Planning Consent Permit - Multiple dwellings x 26, Shop
and Commercial Services (Bank)
Applicant Mitch Noosa P/L TTE
Request Received On 1 February 2023
Report Reviewed By Nadine Gorton 18.04.2023
Decision Due Date 19 April 2023
PROPERTY DETAILS
Property Address Bella Casa
40 and 6/40 Hastings St, Noosa Heads
RP Description SP 108895, Lot 6 SP 108904
Land Area 1972m2 – whole site
Existing Use of Land Bella Casa Noosa (short term accommodation)
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Acid Sulfate Soils
• 5m AHD or below
Flood Hazard
• Flooding and Inundation Extent
Assessment Type Minor Change to Town Planning Consent Permit
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1. PROPOSAL
The applicant seeks approval to change an existing Town Planning Consent Permit - Multiple
dwellings x 26, Shop and Commercial Services (Bank).
The proposed change seeks to create one (1) additional lot (Lot 28) by splitting the
reception/management exclusive areas currently attributed to Lot 6 from the existing dwelling unit,
currently the ‘manager’s residence’.
Existing Proposed
Existing Lot 6 consists of: Proposed Lot 6 will consist of:
• 1 x 8m2 reception area located on Level A; • the multiple dwelling unit (previously the
• 1 x 5m2 associated facilities/storage area manager’s residence); and
located on Level A; • the existing car park space allocated to the
• 1 x multiple dwelling unit (manager’s unit.
residence) located on Level B;
• 2 x 4m2 each associated facilities/storage Proposed Lot 28 will consist of:
areas located on Level B; and • the associated facility, storage and
• 1 x existing car parking space for the reception areas relevant to the
exclusive use of Lot 6. administration and management of Bella
Casa, a total of approximately 21m2; and
• 1 x new car parking space utilised by the
Bella Casa manager/receptionist, located
within the existing approved turning bay on
Level A.
The provision of the additional car parking space requires a minor change to the approved plans
and existing car parking arrangements.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan / Carparking Plan
2. BACKGROUND
Approval Comments
IDO 42 On 24 August 1970, Council issued a Town Planning Consent for the Bank of
NSW to erect a building on the site.
TPC 342 On the 27 September 1973, Council issued ‘Special Consent’ to erect a Bank
Premises on the site. This application was remade as the old approval was
under an Interim Development Order.
TC 12532 Application for a shop and commercial services - Withdrawn Feb 1998
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TC 11852 On the 5 November 1997, Council issued an approval for the redevelopment
of the site for 26 units, shop and commercial services (bank).
51997.2256
17117 DA & On the 28 February 2001, Council issued a Compiled decision Notice for a
shop and associated display area adjoining the bank. The area to be used for
17118 DA
display purposes is not to exceed 7m2 in the frontage.
51997.2256.01 On 26 August 2013, Council approved a change to the approved plans,
approving a minor redesign of the shop uses adjoining Hastings Street.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 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’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the proposal does
not involve a new use or dramatically change the built form in terms of scale, bulk and
appearance;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Tourist Accommodation Zone Code;
• Noosa Heads Local Plan Code;
• Visitor Accommodation Code;
• Works Codes..
The Planning Act 2016 requires the change application to be assessed against the assessment
matters that applied when the original application was made, but may have regard to the matters
that now apply.
Approval Description
Town Planning Consent Permit - Multiple dwellings x 26, Shop and Commercial Services
(Bank)
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Applicant’s Request
The applicant has not requested a change to the approval type.
Assessment of Request
An administrative change is recommended to amend the approval type to correspond with the
previous minor change to the approval (51997.2256.01) issued in 2013. The Minor Change
removed the approved Commercial Services component of the approval and approved an
additional Shop use. It is therefore recommended that the approval type be changed to:
Town Planning Consent Permit - Multiple dwellings x 26 and Shop.
Condition 19
19. Provision of at least 34 off-street car parking spaces, comprising 26 covered spaces and
8 uncovered spaces, and access thereto which are to be provided with a sealed
pavement and designed, drained, constructed and maintained in accordance with the
Planning Scheme AS2890.1 1993 edition, Council's Policies and to the reasonable
satisfaction of the Shire Engineer. Plans and specifications for these works are to be
submitted to the Shire Engineer for approval in conjunction with the Building Application.
A Building Approval shall not be granted until the Shire Engineer has approved of the
carparking and access scheme.
Applicant’s Request
The applicant is requesting Condition 19 be changed to read as follows:
‘Provision of at least 35 off-street car parking spaces, comprising 27 covered spaces and 8
uncovered spaces, and access thereto which are to be provided with a sealed pavement and
designed, drained, constructed and maintained in accordance with the Planning Scheme
AS2890.1 1993 edition, Council's Policies and to the reasonable satisfaction of the Shire
Engineer’.
Assessment of Request
The original application was approved under the 1990 Planning Scheme, which required 26
carparks for the multiple dwelling component, 5 spaces for the commercial services (bank) and 3
spaces for the shop. The current planning scheme requires the same number of carparks to be
provided on site, being 26 carparks for the multiple dwelling component (noting the units all appear
to be less than 100m2 and as such are defined as small dwellings) and 8 spaces for the shop.
However, as the existing ‘manager’s residence’ is proposed to be ‘split’ from the associated
Reception Area (etc) in order to be utilised as an additional accommodation unit whilst retaining
the existing dedicated carpark, one additional carpark is required to be provided on site for the
Reception Area (etc), being proposed Lot 28.
The applicant is proposing to utilise the existing approved ‘turn around’ area (refer to Figure 3) on
site as an additional carpark to be included within proposed Lot 28. A site inspection indicates the
approved turning bay is already being utilised as an additional carpark on site (refer to Figure 4).
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Figure 3: Existing approved ‘turn around’ area
Figure 4: Existing approved ‘turn around’ area being utilised as a carpark
Council’s Coordinator Engineering has reviewed the proposal to utilise the existing approved
turning bay as an additional carpark and confirms that the space may be utilised, provided it is
dedicated as a staff parking bay only (in association with the uses proposed within Lot 28 (ie
Reception Area etc)), as the bay is a non-standard bay due to the proximity to the building wall on
the left (refer to Figure 4), and as such the bay cannot be utilised by visitors/customers to the site.
In addition, Council’s Coordinator Engineering has no concerns regarding the removal of the
turning bay, provided the carpark is to be utilised by visitors to the site only, and is not open to the
public (refer to below assessment of Condition 20).
Therefore, the proposal to amend Condition 19 is supported in part, with the condition to read as
follows:
19. Provision of at least 35 off-street car parking spaces, comprising 27 covered spaces
and 8 uncovered spaces, and access thereto which are to be provided with a sealed
pavement and designed, drained, constructed and maintained in accordance with the
Planning Scheme AS2890.1 1993 edition, Council's Policies and to the reasonable
satisfaction of the Shire Engineer.
(a) The Lot 28 carpark is to be utilised by Staff of the accommodation building oonly
and must not be made available to guests or visitors to the site.
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Condition 20
20. The developer is permitted to install a security gate within the carparking area.
However, the security gate is to remain in the open position whilst the bank and shop
premises are open for trading. Public accessing the shop and bank premises are to be
permitted to park within the site. The employees of the bank and shop premises are
also to be permitted to park within the site.
Applicant’s Request
The applicant is requesting Condition 20 be changed to read as follows:
The developer is permitted to install a security gate within the carparking area. The
employees of the shop premises are also to be permitted to park within the site.
Assessment of Request
The subject site has an existing security gate located to the rear of the site enclosing the carparking
area, which has been in situ since at least February 2010. It is understood that the security gate
has not remained open during trading hours (as per Condition 20) since the installation of the gate.
Due to the constraints of the carpark, it is recommended that onsite carparking be restricted to use
by guests, visitors to the resort and employees only (ie no customer parking for the shop
component), who should all be able to access the carparking at all times. As such, it is
recommended Condition 20 be amended as per the following:
20. The developer is permitted to install a security gate within the carparking area. Guests,
visitors and employees of the multiple dwelling and shop are to be permitted access to
park within the site.
Condition 46
46. As per permissible change approval 51997.2256.01, the approved plans for the
commercial premises (bank) or shop use are outlined below:
Drawing No Rev Description Date
D01 B Floor Plan / Ceiling Plan’ drawn by Thomsett 17/07/2013
Architecture
E01 A Elevations / Sections drawn by Thomsett 27/06/2013
Architecture
E02 A Section drawn by Thomsett Architecture 27/06/2013
Applicant’s Request
The applicant is requesting Condition 46 be changed to read as follows:
As per permissible change approval 51997.2256.01 and 51997.2256.02, the approved plans
for the commercial premises (bank) or shop use are outlined below:
Drawing No Rev Description Date
D01 B Floor Plan / Ceiling Plan’ drawn by Thomsett 17/07/2013
Architecture
E01 A Elevations / Sections drawn by Thomsett 27/06/2013
Architecture
E02 A Section drawn by Thomsett Architecture 27/06/2013
A01 A Level A Car Parking Plan 30/01/2023
A02 A Level A Car Parking & Use Area Plan 30/01/2023
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A03 A Level B First Floor Plan 30/01/2023
Assessment of Request
Condition 46 is listed on the Decision Notice under a heading stating ‘Additional Conditions 15
August 2013’ and as such it is recommended an additional condition (Condition 49) be added
listing the new approved plans only.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Engineering Coordinator, Development Assessment
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51997.2256.02, to make a minor change to an existing approval for
Town Planning Consent Permit - Multiple dwellings x 26 and Shop, situated at Bella Casa 40 and
6/40 Hastings St, Noosa Heads, described as Lot 0 SP108894 and Lot 6 SP108904, Council on
18 April 2023 decided to:
A. Approve the change.
B. Amend the approval description as follows:
• Town Planning Consent Permit - Multiple dwellings x 26 and Shop.
C. Amend conditions 19 and 20 to read as follows:
19. Provision of at least 35 off-street car parking spaces, comprising 27 covered spaces
and 8 uncovered spaces, and access thereto which are to be provided with a sealed
pavement and designed, drained, constructed and maintained in accordance with the
Planning Scheme AS2890.1 1993 edition, Council's Policies and to the reasonable
satisfaction of the Shire Engineer.
(a) The Lot 28 carpark is to be utilised by Staff of the accommodation building oonly
and must not be made available to guests or visitors to the site.
20. The developer is permitted to install a security gate within the carparking area. Guests,
visitors and employees of the multiple dwelling and shop are to be permitted access to
park within the site.
D. Include the following additional Condition 49
Additional Conditions of 18 April 2023
49. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below, in conjunction with plans listed in
Conditions 46
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Drawing No Rev Description Date
A01 A Level A Car Parking Plan 30/01/2023
A02 A Level A Car Parking & Use Area Plan 30/01/2023
A03 A Level B First Floor Plan 30/01/2023
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