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Cover Letter
Council Reference: MCU19/0017 & RAL19/0004 Our Reference: 012391 L11 NG 25th May 2020 Chief Executive Officer Noosa Council PO Box 141 TEWANTIN QLD 4565 Confidential Email Transmission: [email protected] Original in Post: No Dear Sir/Madam RE: LODGEMENT OF CHANGE APPLICATION __________________________________ MINOR CHANGE TO DEVELOPMENT PERMIT MCU19/0017 & RAL19/0004 FOR COMMERCIAL BUSINESS TYPE 1 OFFICE, TYPE 2 MEDICAL AND ANCILLARY DWELLING UNIT FOR PREMISES AT 36 & 40 HOFMANN DRIVE NOOSAVILLE DESCRIBED AS LOT 6 AND 7 ON SP264847 Martoo Consulting has been engaged by the owner of the site, Ribarja Pty Ltd, to seek Noosa Councils approval to change the approved plans associated with above approval for a Medical Centre at Hofmann Drive, Noosaville. The proposed changes relate to minor design changes as well as a small extension to the basement to accommodate a Medical Linear Accelerator Bunker for cancer treatment. This letter details the proposal and provides an assessment of the development against the relevant code provisions contained within the Noosa Plan 2016. 1. THE SUBJECT SITE The subject site comprises two lots located to the north west of the roundabout at the intersection of Hofmann Drive and Rene Street, Noosaville. The sites are of a rectangular configuration and have the following areas: Lot 6 on SP264848: 3999.78m2 Lot 7 on SP264847: 3999.32m2 The lots are currently vacant and relatively level with a slight fall from the rear of the site to the front. The sites have several easements across the front of the site that are for access and services. The site location is detailed in Figure 1 below. Council recently approved an application for a Material Change of Use - Commercial Business – Type 1 Office and Type 2 Medical, Ancillary Dwelling Unit and Reconfiguration of a Lot (alteration to access easement) in October 2019 under MCU19/0017. .
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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 approval, the applicant in conjunction with a number of future tenants, has proceeded to refine
the building which has resulted in minor changes to the internal layout. The applicant therefore
seeks Council approval to change the approved plans to those included in Attachment A.
The changes result in a more efficient building and include:
Overall
Reduced GFA - Approved GFA of 6391m2 reduced to 6362m2
Building moved northwards 800mm to allow for piling along southern boundary
Basement
Relocation of 10 bikes in basement level for use by visitors
New Medical Linear Accelerator (RADOC) Bunker to be excavated into site
Minor changes to layout
One carpark removed to create access to fire door for RADOC Bunker (2 new carparks
provided on level 1)
Ground Floor
Internal changes to tenancy layout
Extension to waste loading dock to allow for an enclosed wash bay and specialised storage
which results in reduced GFA
New fire stair and lift which results in loss of GFA
Void areas reduced at rear of building to compensate for loss of GFA and increase in
building efficiencies
Storage areas removed from carparking areas
Level 1
Internal changes to tenancy layout
Extension to waste loading dock which reduces GFA
Plant room moved to roof which provides for 2 additional carparking spaces
Store rooms removed from carpark
Balcony over loading bay reduced in width to increase height over loading bay
New lift and extension to fire stair which results in reduced GFA
Void areas reduced at rear of building to compensate for loss of GFA and increase in
building efficiencies
Level 2
Internal changes to tenancy layout
Void areas relocated to enable increased height of internal floor for operating theatre
equipment on level 1.
New roofing over rear carpark
New roof over walkway
Roof
New roof design to south to cater for relocated solar panels
Operable skylight removed due to energy rating issues
A Construction Methodolgy Plan prepared by Kane is included in Attachment B and details the
management and construction of the basement and retention works for the proposal.
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3. 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 2016 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 proposed changes predominantly relate to
internal arrangements.
(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 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
The proposed changes have been assessed against the provisions of the Noosaville Locality Plan
and the Business Uses Code and are considered to meet the relevant provisions. The revised plans
result in a development that complies with carparking, landscaping and setback provisions.
.
4.3 Draft Noosa Plan
The draft Noosa Plan includes the site in the Major Centre zone and in the Business Park Precinct.
The draft scheme indicates that Health Care services will be impact assessable where located in
new buildings and accepted development where located in an existing building.
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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.
The proposed changes do not alter the external appearance of the building.
The proposed changes are consistent with the provisions of the Noosa Plan.
Please find attached:
Change Form 5
Attachment A - Proposal plans including site and floor plans and elevations
Attachment B – Construction Methodology prepared by KANE.
As detailed in this correspondence the proposed changes are minor and relate to internal changes
to the building and carparking layout with a report outlining the Construction Methodology for the
development. Councils fee schedule details the following fees for Change applications:
The applicant submits that the proposed changes as More Substantial Matters as per the fee
proposal and requests that the fee of $4900.00 be applied as this is the most relevant fee and best
represents the amount of time required by Council to assess the application. The revised plans:
Detail proposed minor internal changes
Do not significantly alter the external appearance of the building
Refine the layout
Reduce floor area
Do not require referral to external specialist consultants
The original development application was charged an assessment fee of $43,667.00 for the Material
Change of Use and $4420.00 for the reconfiguration (easement). The proposed changes are not
considered to be Major Matters as per Councils fee schedule and will not require $10,916.75 worth
of assessment.
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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