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1. Minor change cover letter
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 4 December 2023 Job Ref: M2915P Noosa Council By email: [email protected] Att: Diogo Carrico – Development Engineer Re: Request for a minor change to a development approval being a combined Material Change of Use of premises (Dual occupancy and office) and Operational Works (Roadwork, drainage, landscaping, stormwater and earthworks) at 245 David Low Way Peregian Beach, which is described as L22 on P9315 (Council ref: MCU21/0228 & OPW21/0364) Dear Diogo, I refer to a development permit for a combined Material Change of Use of premises (Dual occupancy and office) and Operational works (Roadworks, drainage works, landscaping, stormwater and earthworks). In accordance with s78 of the Planning Act 2016 we hereby lodge a request to change the Development Approval to modify 2 conditions relating to approved plans contained within the approval package. The proposed change to the development approval involves the installation of a gate to the rear (south west corner) property boundary, and as such, this will result in consequential amendments to the approved landscape plan (refer to Attachment C). We are informed that Council have previously agreed to the provision of a gate on the rear boundary in response to a properly made submission (during public notification period) for an adjoining development application for the Community House at 5-7 Rufous Street (Council ref: MCU16/0044 & REC16/0009). Historically, the former owners of the subject premises has been granted pedestrian access over adjoining land to the west to access the service road located between the tennis club and 5-7 Rufous St. Council who are the current owners of Community house at 5-7 Rufous St responded to the properly made decision by way of email correspondence dated 4 November 2019 agreeing to the inclusion of a gate to allow pedestrian foot traffic into the Rufous St precinct (Refer to Attachment D). In addition to this, the operational works landscape plans have also been updated to illustrate the inclusion of two areas of synthetic turf to be incorporated into the internal private use areas (refer to Attachment C). The use of the synthetic turf provides a low maintenance option for the commercial use area at the front of the site and a small strip in the middle of the access driveway. These additional internal private works are also considered to complement the generous landscape outcome provided to the front of the development which ensures that the development provides a positive improvement to the existing streetscape. As mentioned above, the proposed changes only require that the operational works plans be updated to the capture the proposed change to the approval. It is not anticipated that any new conditions nor amendments to existing conditions of the MCU approval will be required to accommodate the proposed change.
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In the event that Council would like to establish a formal easement, our client Altum Property Group would be willing to
enter into a formal easement agreement separate to this development approval process.
In addition to this cover letter the following information is provided in support of the application.
DA Form 5
Owner’s consent
Update OPW landscape plans
Council’s response to properly made submission
Application background
On 29 March 2022, Council decided to issue a preliminary approval for a material change of use (multiple dwelling units
and office and preliminary approval for operational works (Roadworks, drainage works, landscape, stormwater and
earthworks).
On 18 August 2022, Council decided to approve representations relating to a combined Development Permit for material
change of use of premises – Dual occupancy, & Office and operational works - Roadwork, Drainage work, Landscaping,
Stormwater and Earthworks
Requested change and justification
To assist council with the assessment of the proposed minor change to the development approval, we have outlined the
consequential changes to the existing condition package to reflect the proposed change to development approval.
The proposed amendments to conditions are shown as strike throughs (deletions) or bold - type (additions).
Proposed amendments and justification:
Conditions of approval
Condition 1
1. Development undertaken in accordance with this approval must generally comply with the approved plans of
development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
1622-DA02 08 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622-DA03 07 Elevations, prepared by Blackburn Jackson 8 August 2022
1622-DA04 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA05 07 Section, prepared by Blackburn Jackson 8 August 2022
1622-DA06 07 Landscape Area Plans, prepared by 8 August 2022
Blackburn Jackson
JFP Ref: M2915P Page 2
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1622-DA07 08 Site Cover & Height, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Materials & Finishes, prepared by 8 August 2022
Blackburn Jackson
1622-DA09 07 Perspectives, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_05C 05C Landscape Notes & Schedules, prepared by 10 August
Blackburn Jackson (Annotated by Council) 2022 20
November 2023
1622_L03-01_05C 05C Landscape Planting Plans, prepared by 10 August
Blackburn Jackson (Annotated by Council) 2022 20
November 2023
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
Condition 46
46. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless otherwise amended by
these conditions, where there is conflict between the approved plans and conditions of approval, the condition
prevails.
Plan No. Rev. Plan/Document Name Date
188-002-002-B B General Notes prepared by Bax Engineering 7 February 2022
188- 002-100 B Site Layout Plan prepared by Bax 7 February 2022
Engineering
188-002-200 B Earthworks Layout Plan prepared by Bax 7 February 2022
Engineering
188-002-201 B Earthworks Sections prepared by Bax 7 February 2022
Engineering
188-002-300 B Grading & Drainage Layout Plan (as 7 February 2022
annotated by Council) prepared by Bax
Engineering
188-002-301 B Pavement Layout Plan prepared by Bax 7 February 2022
Engineering
JFP Ref: M2915P Page 3
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188-002-302 B Sign & Line Marking Layout Plan prepared 7 February 2022
by Bax Engineering
188-002-401 B Drainage Longitudinal Section prepared by 7 February 2022
Bax Engineering
- - Arborist Tree Assessment Report by 27 April 2022
Arboriculture Contractors Australia Pty Ltd
1622_L01-01_05C 05C Landscape Notes & Schedules, prepared by 10 August 2022
Blackburn Jackson (Annotated by Council)
20 November 2023
1622_L03- 01_05C 05C Landscape Planting Plans, prepared by 10 August 2022
Blackburn Jackson (Annotated by Council)
20 November 2023
1622_L07-01_01 01 Landscape Details, prepared by Blackburn 19 May 2022
Jackson
Comment
The approved plans table included in Conditions 1 and 46 have been updated to the incorporate the revised Landscape
plans prepared by Blackburne Jackson Design. The revised landscape plans have been updated to incorporate a gate/
pedestrian access at the rear of the site and areas of synthetic turf to the internal private use areas.
Assessment against the applicable provisions of the Planning Act 2016 (the Act)
In accordance with s.81 and Schedule 2 of the Act, please find below an assessment of the proposed change to approval
against the ‘minor change’ criteria of the Act.
Criteria Response
Minor change means a change that—
….
(b) for a development approval—
i) Would not result in ‘substantially different Complies refer to Table 2 below.
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 Complies – The proposed does not introduce prohibited
development.
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b) Referral to a referral agency, other Complies – The proposed development does not require
than to the chief executive, if there the development to be referred to a referral agency nor
were no referral agencies for the additional matters prescribed by a regulation under
development application; or section 55(2).
c) Referral to extra referral agencies,
other than to the chief executive; or
d) A referral agency to assess the
application against or have regard to
matters prescribed by the regulation
under section 55 (2), other than
matters the referral agency must have
assessed the application against, or
have had regard to, when the
application was made; or
e) public notification if public Complies – The proposed amendment is minor in nature
notification was not required for the and will not trigger the requirement for public
development application. notification.
Table 1 – ‘Minor change’ criteria (Schedule 2 - Dictionary)
The proposed change represents a minor change under Schedule 1 of the Development Assessment Rules, as the
outcome does not result in ‘substantially different’ development as outlined below.
Substantially Different Criteria Response
A change may be considered to result in a substantially different development if the proposed change:
a) involves a new use Complies – the change does not involve a new use
b) results in the application applying to a new parcel Complies – the proposed change will not result in any
of land; or new parcels of land being included as part of the
application
c) dramatically changes the built form in terms of Complies – the proposed change does not involve any
scale, bulk and appearance; or notable changes to the approved built form
d) changes the ability of the proposed development Complies – the proposed change does not change the
to operate as intended; or ability for the development to operate as intended
e) removes a component that is integral to the Complies – The proposed change does not remove a
operation of the development; or component that is integral to the development
f) significantly impacts on traffic flow and the Complies – The proposed amendments will not result in
transport network, such as increasing traffic to any additional impacts not already addressed as part of
the site; or the original approval
g) introduces new impacts or increase the severity of Complies – The proposed amendment will not result in
known impacts; or increased severity of known impacts.
h) removes an incentive or offset component that Complies – the proposed change does not remove any
would have balanced a negative impact of the incentive or offset component of the proposed
development; or development.
i) impacts on infrastructure provisions. Complies – the proposed minor change does not result in
any adverse impacts on infrastructure provisions.
Table 2 – Substantially different criteria (Schedule 1 – Development Assessment Rules)
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Affected Entities
The original application was required to be referred to SARA for contaminated land (unexploded ordinances) in
accordance with Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1). The requirements of the referral agency
conditions have been met, and as such, this minor change does not trigger referral to any ‘affected entities’.
Summary
As demonstrated above, the proposed minor changes to the existing development approval represent a minor change
under s78 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules, as the proposed change does
not result in ‘substantially different development’, require additional referral agencies or change the level of assessment,
in the event the application were to be re-lodged. The change to approval also does not trigger any requirement for
public notification.
The applicable application fee for a minor change to a development approval – minor matters (as determined by the
Manager, Development Assessment) (i.e Dual Occupancy) is $2,516.00 in accordance with Council’s fees and charges
register 2023/2024. This fee will be paid upon receipt of Council’s payment advice.
In support of our request, please find enclosed the following:
Attachment A: DA Form 5
Attachment B: Owners Consent
Attachment C: Architectural plans
Attachment D: Public consultation (MCU16/0044) submission and council response
We look forward to receiving Council’s changed approval package for this application and should you have any questions
or require any clarification on any of the above matters, please do not hesitate to contact me.
Yours faithfully,
TIMOTHY BALCOMBE
SENIOR URBAN PLANNER
JFP URBAN CONSULTANTS
CC/ - Altum Property Group
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