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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.

                                                 Page 3

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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.




                                                 Page 4

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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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