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Minor Change Request
Attached to the e-mail Minor Change Application MCU19/0017.03 & RAL19/0004.03 - DA Form 5 - Owners Consent - Change Request - Proposal Plans - 36-40 Hofmann Drive Noosaville.
Attached to the e-mail Minor Change Application Lodgement - 36-40 Hofmann Drive Noosaville.
Tuesday 20th December 2022 Our Ref: 22544 Council Ref: MCU19/0017.01, RAL19/0004.01 NOOSA COUNCIL PO BOX 141 TEWANTIN QLD 4565 ATTENTION: Development Assessment Dear Sir/Madam MINOR CHANGE APPLICATION DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (COMMERICAL BUSINESS TYPE 1 OFFICE, TYPE 2 MEDICAL & ANCILLARY DWELLING UNIT) AND RECONFIGURATION OF A LOT 36 - 40 HOFMANN DRIVE, NOOSAVILLE LOT 6 ON SP319209 In relation to the abovementioned Development Approval, MCU19/0017.01 & RAL19/0004.01, originally granted Noosa Council on 17 October 2019 and changed on 16 July 2020, on behalf of Trident Group Holdings Pty Ltd, we hereby make a change application pursuant to Section 78 of the Planning Act 2016. Please find attached the following documentation to facilitate Council’s assessment of the request: • Planning Act Form 5; • Landowners Consent; • Amended Proposal Plans. PROPOSED CHANGE A review of the operational requirements of the building for medical fit out has been undertaken and which has determined that a higher tenancy floor to ceiling height is required. In order to achieve this increased tenancy height within the maximum height limit for the site, a change to the approved built form is proposed to reduce the development from 3 storeys to 2 storeys. In addition, the caretaker’s unit (ancillary dwelling unit), caretakers storeroom and basement car park have been removed. These primary changes together with the following changes are proposed and reflected in the amended proposal plans: • Building height generally remains as approved and does not exceed a maximum height of 10.2m at any point, with the need for increased lift height now removed; • Landscape open space has increased from 1,278m² (16%) to 1,350m² (17%); • Whilst the site cover remains as approved, the total gross floor area has decreased from 6,363m² to 3,801m²; • As a result of the decrease in gross floor area, the following changes are proposed to car, motorcycle and cycle parking space numbers: o Car parking spaces have been reduced from 280 spaces to 188 spaces; o Motorcycle parking spaces have been reduced from 54 spaces to 8 spaces; and o Cycle parking has been reduced from 82 spaces to 50 spaces.
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• Swept path diagrams for the changed carpark are provided
• End of trip facilities are proposed to be provided in each tenancy. A suggested condition
amendment to achieve this is provided under the Proposed Change to Decision Notice
selection below.
No change has been made to the external parameters as currently approved:
• Frontage setbacks, landscaping and site access remain unchanged;
• Frontage building design, materials and street appearance remain unchanged with exception
of adjustment for storeys decrease and a central plaza opening;
• Site access and waste loading dock remain unchanged;
• Bioretention basin, detention tank and stormwater discharge remains unchanged, with
updated stormwater management plan to be submitted with operational works application.
Proposed Changes to Decision Notice
In order to reflect the changed proposal plans the following changes to the Decision Notice are
requested:
Application Details – Real property description
The original lots have now been amalgamated (as required by condition 15) with the land now
described as Lot 6 on SP319209.
Decision Details – Type of Approval
Development Permit for Material Change of Use of Premises (Commercial Business Type 1 Office &
Type 2 Medical & Ancillary Dwelling Unit)
Condition 2 – Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved
plans listed within this Decision Notice. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
DA-00.00 19 Cover Sheet, prepared by thomson adsett 08.06.2020
21 19/12/2022
DA-10.12 3 Site Context Plan – Adjusted Boundary, 12.03.2020
5 prepared by thomson adsett 19/12/2022
DA-21.10 27 Basement Floor Plan, prepared by thomson 12.03.2020
adsett
DA-21.20A 40 Ground Floor Plan, prepared by thomson 08.06.2020
43 Adsett 19/12/2022
DA-21.21 27 Level 1 Plan, prepared by thomson adsett 08.06.2020
30 19/12/2022
DA-21.22 21 Level 2 Plan, prepared by thomson adsett 08.06.2020
DA-21.30 16 Roof Plan, prepared by thomson adsett 12.03.2020
18 19/12/2022
DA-30.10 19 Elevations, prepared by thomson adsett 08.06.2020
21 19/12/2022
DA-31.10 17 Sections, prepared by thomson adsett 08.06.2020
19 19/12/2022
DA-31.11 11 Sections, prepared by thomson adsett 08.06.2020
13 19/12/2022
DA41.01 9 Perspective Renders, prepared by thomson 12.03.2020
adsett
DA-41.02 10 Perspective Renders, prepared by thomson 12.03.2020
adsett
D-02391.01-C Change to Carparking & Proposed 12.09.2019
Easements, prepared by Martoo Consulting
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Condition 6 – Building Height
The maximum height of the roofline of the development must not exceed 10.2 metres and the lift well
must not exceed 11.3 metres above the finished ground level and the natural ground level.
Condition 15 – Land Amalgamation
The land has now been amalgamated and condition can be deleted.
Condition 25 – Car Parking
A minimum of 281 188 car parking spaces & 46 8 scooter/motorcycle spaces must be provided and
marked on the site and made available and accessible at all times while the use is open for business.
The works must be undertaken in accordance with an Operational Works approval and must include
in particular:
a. 7 2 disabled parking spaces within the car parking total;
b. 1 additional car space for the exclusive use for Lot 5 on SP264847 as per the requirements of
Condition 33;
c. pedestrian routes generally in accordance with the approved plans;
d. dimensions, crossfalls and gradients in accordance with Australian Standard AS2890: Parking
Facilities for the relevant user class.
Condition 29 – Pedestrian and Bicycle Parking
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. pedestrian pathways between the proposed car parking area and the building/s;
b. adequate separation of all specific pedestrian routes from vehicle access and manoeuvring areas,
and clear demarcation by pavement marking, signposts or changes in surface materials or levels;
c. signage and lighting at strategic locations to direct people to building entries and public toilet
facilities;
d. pedestrian refuge areas at strategic locations within the carpark to ensure safe and convenient
congregating of pedestrians waiting to cross major access driveways;
e. a total of 82 50 bicycle parking spaces;
f. end of trip facilities involving a minimum of 10 lockers, 4 3 male and 4 3 female showers and
change rooms. Where end of trip facilities are provided in separate tenancies, each tenancy must
have a minimum 2 lockers and 1 unisex shower/change room, provided the overall minimum total
is achieved.
Condition 54 – Waste Disposal
The developer must provide waste storage and disposal facilities generally in accordance with Waste
Management Plan identified as Appendix E as submitted to Council on 14 June 2019 and Planning
Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”.
The facilities must include an external impervious area correctly sized for all refuse and recycling
containers and suitably screened from public places and neighbouring properties. A bin wash area is
required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain
outlet must be designed to prevent storm water entry to the sewerage system.
MINOR CHANGE
The Planning Act 2016 defines a minor change for a development approval as a change to the
approval that would not result in a substantially different development.
The DA Rules state:
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.
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Description / Provisions Comment / Response
A change may be considered to result in a substantially different development if the proposed
change:
• Involves a new use; or No new use is proposed.
• Results in the application applying to a No new land is included as part of the
new parcel of land; or application.
• Dramatically changes the built form in The proposed changes do not dramatically
terms of scale, bulk and appearance; or change the built form in terms of scale, bulk
and appearance.
• Changes the ability of the proposed No changes are made to the proposed
development to operate as intended (for development to impede its operations.
example, reducing the size of a retail
complex may reduce the capacity of the
complex to service the intended
catchment); or
• Removes a component that is integral to The proposed changes do not involve
the operation of the development; or removal of a component that is integral to
the operational of the development.
• Significantly impacts on traffic flow and the The proposed changes will not result in
transport network, such as increasing significant impacts on traffic flow and the
traffic to the site; or transport network, such as increasing traffic
to the site.
• Introduces new impacts or increases the The proposed change does not introduce
severity of known impacts; or any new impacts, nor will it increase the
severity of known impacts.
• Removes an incentive or offset No incentive or offset components
component that would have balanced the incorporated.
negative impact of the development; or
• Impacts on infrastructure provisions. The proposed development does not impact
upon infrastructure provisions.
The original application did not trigger any referral agency assessment and no referral agency
assessment is now triggered with the changes.
ASSESSMENT
Pursuant to Clause 81 (4) & (5) the responsible entity must consider the statutory instrument,
or other document, as in effect when the development application for the development
approval was properly made.
However, the responsible entity may give the weight the responsible entity considers is
appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change
application was made; or
(b) if the statutory instrument or other document is amended or replaced after the
change application is made but before it is decided—the amended or replacement
instrument or document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is
decided; and
(ii) that the responsible entity would have been required to consider if the
instrument had been in effect when the development application for the
development approval was properly made.
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Comment: The original application was lodged and approved under the superseded Noosa Plan
2006. The proposed changes do not offend any provisions of the superseded Noosa Plan 2006.
The proposed changes have also been assessed below against the relevant sections of the current
Noosa Plan 2020, being the Noosaville Local Plan, Major Centre Zone, Business Activities & relevant
works codes. In summary, it is considered that the development remains consistent with the original
application.
Noosaville Local Plan Code
• Development in the Noosaville Local Plan Area generally (All Zones) – Proposed changes
remain consistent with all relevant Acceptable & Performance Outcomes.
• Built Form and Streetscape – Proposed changes remain consistent with all relevant
Acceptable & Performance Outcomes.
• Centres and Services – Proposed changes remain consistent with all relevant Acceptable &
Performance Outcomes.
Major Centre Zone Code
• AO16.1 (b) (iii) – Building height remains consistent with the current approval (10.2m).
• PO18 (b) (ii) – Plot ratio remains compliant.
• AO19.1 (b) / Other boundaries - Front and side setbacks remain compliant.
• Design and Streetscape – Proposed changes remain consistent with all relevant Acceptable
& Performance Outcomes.
• Landscaping – Proposed changes remain consistent with all relevant Acceptable &
Performance Outcomes.
• Safety and Amenity – Proposed changes remain consistent with all relevant Acceptable and
Performance Outcomes.
• Car Parking and Access
o AO52.1 – Car parking is located behind the building and is completely screened from
view from the street.
o Driveway/access arrangement remains consistent with the approved layout.
• Pedestrian and Cycling Connectivity – Proposed changes remain consistent with all relevant
Acceptable and Performance Outcomes.
• Environment and Heritage – Proposed changes remain consistent with all relevant
Acceptable and Performance Outcomes.
• Infrastructure – Proposed changes remain consistent with all relevant Acceptable and
Performance Outcomes.
• Additional Provisions for the Noosa Business Centre Precincts – Proposed changes remain
consistent with all relevant Acceptable and Performance Outcomes.
Business Activities Code
• Location – Proposed changes remain consistent with all relevant Acceptable & Performance
Outcomes.
• Effects of Use – Proposed changes remain consistent with all relevant Acceptable &
Performance Outcomes.
• Infrastructure – Proposed changes remain consistent with all relevant Acceptable &
Performance Outcomes.
• Building Design and Siting – Proposed changes remain consistent with all relevant
Acceptable & Performance Outcomes.
• Landscaping – Proposed changes remain consistent with all relevant Acceptable &
Performance Outcomes.
• Amenity and Safety – Proposed changes remain consistent with all relevant Acceptable &
Performance Outcomes.
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Works Codes
• Driveways and Parking Code
o Driveways – Vehicular access remains consistent with the existing approval in terms
of location, width and standards. Any changes remain consistent with code and
planning scheme requirements.
o Parking and Manoeuvring – The number of car parking spaces motorcycle spaces,
bicycle spaces and loading bays remain compliant with Performance Outcome PO6.
o Waste loading dock / servicing area remains generally consistent with approved plan.
o Swept path diagrams for the carpark changes have been provided.
• Earthworks Code – Proposal remains consistent with all relevant Acceptable & Performance
Outcomes.
• Existing Services Code – Proposal remains consistent with all relevant Acceptable &
Performance Outcomes.
• Fire Services for Common Private Title Code – Proposal remains consistent with all relevant
Acceptable & Performance Outcomes.
• Landscaping Code – Proposal remains consistent with all relevant Acceptable & Performance
Outcomes.
• Sustainable Building Design Code – Proposal remains consistent with all relevant Acceptable
& Performance Outcomes.
• Transport Code – Proposal remains consistent with all relevant Acceptable & Performance
Outcomes.
• Water Quality and Drainage Code – Proposal remains consistent with all relevant Acceptable
& Performance Outcomes.
• Waste Management Code – Proposal remains consistent with all relevant Acceptable &
Performance Outcomes.
CONCLUSION
The proposed change does not compromise the intent of the original approval and continues to
comply with the provisions of the Noosa Plan 2020.
Approval of the minor change is warranted.
Should you have any questions with respect to the above, please do not hesitate to contact me direct.
Yours faithfully
PROJECT URBAN
Scott Sobey
DIRECTOR
Email: [email protected]