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Minor Change Request report tewantin netball

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30 April 2024

Development Assessment
Noosa Council
[email protected]



RE: Minor Change Request – 51988.2770.01 - Town Planning Consent for indoor
entertainment and extension of an indoor entertainment – 31 Butler St, Tewantin
(Noosa Sports Complex)

Proposal

The applicant seeks minor changes to the 1988 Town Planning Consent (Netball Clubhouse) and
subsequent 2021 minor change (Pickleball courts and changerooms) approvals, including:

        A new netball clubhouse building (210m2 GFA);
        The building is setback 6.9m from the Mckinnon Dr frontage behind existing vegetation;
        10 new unisex toilets including PWD;
        Social room, first aid, canteen, meeting room and store;
        Accessible ramps are provided with grandstand seating facing the courts
        Fibre cement rendered building with gable roof form (>5 degrees); and
        Amended carparking layout to include 17 spaces adjoining the clubhouse




Figure 1 – Site Plan of New Building adjoining existing courts
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Page 2

Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change to the
approval that:

i. would not result in a substantially different development*;
      (*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.)

Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different
development. A change may be considered to result in a substantially different development if the
proposed change results in any of the following outlined in Table 1 below.

Table 1 - Substantially different development test

 Provisions of Schedule 1 of the DA             Response
 Rules
     (a) Involves a new use                     There is no new use proposed onsite
     (b) results in the application             No new parcel of land is introduced
         applying to a new parcel of
         land; or
     (c) dramatically changes the               Although a new building is proposed, the scale and location of
         built form in terms of scale,          the building adjoins the existing netball courts and is similar in
         bulk and appearance; or                size to the recently developed Pickleball court building. It is
                                                considered the modification to the original approval does not
                                                dramatically change the scale, bulk or appearance of the
                                                overall development approved as part of the original TPC.
      (d) changes the ability of the            No change to the use approved.
          proposed development to
          operate as intended; or
      (e) removes a component that              No essential component of the development is proposed to be
          is integral to the operation of       removed.
          the development; or
      (f) significantly impacts on              The proposal does remove some carparking adjoining the
          traffic flow and the transport        courts, however Council’s sport and recreation officer advises
          network, such as increasing           that overflow parking can occur within the total site within the
          traffic to the site; or
                                                adjoining cricket, pickleball, bocce and tennis parking areas.
                                                Ongoing management of events by Council will manage any
                                                minor impacts.
      (g) introduces new impacts or             No new impacts or the severity of impacts is likely to result
          increase the severity of              from the plan modifications.
          known impacts; or
      (h) removes an incentive or               Does not remove an offset or incentive components of the
          offset component that would           development.
          have balanced a negative
          impact of the development;
          or
      (i) impacts on infrastructure             There is no additional impacts on infrastructure.
          provisions.

Given the above, the proposed change to the existing approval is a minor change in accordance
with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.

Page 3

Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to if the change application were a development application.

Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—

(a)   the statutory instrument or other document as in effect when the change application was
      made (Superseded Planning Scheme); 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.

In accordance with the above the proposal is assessed against the conditions of approval, the
Superseded Planning Scheme and the Noosa Plan 2020. The proposal complies with all these
instruments and approval and is discussed below.

Assessment

The key development parameters from the existing approval are outlined below and an
assessment of the differences is provided thereafter.

Noting that where the proposal varies from the approval, this indicates that assessment must be
provided against the relevant Probable Solution of the superseded scheme or Performance
Outcome of the current scheme.

  Criteria             SPS          Noosa Plan 2020                  Proposal       Compliance
Use Definition    Indoor           Club                            Minor Change Y
                  Entertainment

Building height
storeys            2 storeys       2 storeys                       1 storey         Y
metres             8 metres        8 metres                        7.8 metres       Y

Site cover         -               10%                             < 10% overall    Y

GFA                -               800m2                           210m2            Y

Wall Length        -               15m                             32m              PO

Front setbacks     -               20m                             6.7m             PO

Roof Pitch         -               5 degrees                       >5 degrees       Y

Page 4

   Criteria               SPS              Noosa Plan 2020                   Proposal     Compliance
 Building Design -                      Lightweight materials and subtle Rendered     PO
                                        colours                          walls and no
                                                                         colour
                                                                         specified

 Amenity              -                 Shade, access, protection of Wide balconies Y
                                        trees                        and seating

Water Sensitivity     -                 Onsite water storage               No onsite water PO
                                                                           storage

 Carparking           -                 Designed           for       casual Connection    Y
                                        surveillance                        between
                                                                            buildings and
                                                                            different
                                                                            heights

 Connectivity         -                 Connected to other uses within Connection         Y
                                        the precinct                   around courts

 Storage              -                 Lockable storage space of a A        lockable Y
                                        minimum of 4m² is provided for store provided
                                        each room or area that can be for equipment.
                                        hired out or used by community
                                        organisations or the public.



As outlined in the Table, the proposal is generally in accordance with the existing approval, with
further discussion pertaining to the performance outcome assessment against The Noosa Plan
2020 provided below.

Setback
The proposal seeks for a setback of the one storey building 6.9m from the Mckinnon Dr boundary,
rather than the prescribed 20m. Although not strictly meeting the Acceptable Outcome, the design
is proposed on an existing carparking area so as to retain all existing trees along the boundary, as
shown below.




Figure 2 – Site Photo of existing carpark looking south from Mckinnon Dr

Page 5

 In accordance with the associated Specific Outcomes, the trees will provide a natural landscape
 buffer to assist in screening the building from Mckinnnon Dr. It is furthermore recommended
 Council condition for appropriate green colours to be painted along this wall to assist in maintaining
 the open space character and amenity of the site. A condition has been recommended in this
 regard as well as vandal resistant paint.

 Building Design, Length of Walls and Water Sensitive Design

 The building is larger than the required length of wall and includes rendered block and no water
 reuse facilities. It is recommended a condition be included for additional water reuse to be
 incorporated into the design of the building.

 The building includes large, covered verandas with balustrading and seating overlooking the
 courts. The raised clubhouse allows for congregation and activity around the club, while the
 recessed verandas do not present an appearance of bulk in the open space setting, to adjacent
 properties, roads, or surrounding area. The design appears as more of an open building and meets
 the corresponding Specific Outcomes of the Open Space Recreation Code.

 Changes to Conditions
 As a result of the proposed changes the following conditions require changing:


1.    Deleted
2.    Provision of at least sixty eight (68) off-street car parking spaces, and access thereto which
      are to be provided with a gravel pavement and designed, drained, constructed and maintained
      in accordance with the Town Planning Scheme, 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.
3.    There is to be no detrimental effect upon the amenity of the neighbourhood by reason of the
      creation of excessive noise, lighting nuisance or other emissions.
4.    Existing trees are to be retained, except where required to be removed due to building
      operations or the conduct of the approved use.
5.    Construction work is permitted only during the hours of 7.00 a.m. to 6.00 p.m. Monday to
      Saturday and no construction work is permitted on public holidays, except where extended
      hours are approved by the Building Surveyor.
6.    Deleted
7.    Deleted.
8.    Deleted
9.    Stormwater to be disposed of on site so as to cause no scour or damage to adjoining properties
      to the standards and requirements of Council's Shire Engineer.
10.   Deleted
11.   Deleted
12.   No objections to the proposal were lodged with Council as a result of the advertising of the
      application. Please find attached copies of parts of the Local Government Act which outline
      appeal rights in relation to Council's decision.


Additional Conditions 12 – 16: 12 May 2022 for Clubhouse

Page 6

 When Conditions must be Complied With
13.   Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
      the use commencing, and then compliance maintained at all times while the use continues.
      Nature and Extent of Approved Use
14.   Noise generating actives must be limited to between 7am and 9.30pm.
15.   The development must be undertaken in a manner that causes no unlawful environmental
      nuisance under the Environmental Protection Act 1994 by the creation of excessive noise,
      lighting, waste, atmospheric pollutants (including dust or odours) or other releases to the
      environment.
      Building Height
16.   The maximum height of the development must be in accordance with the approved plans.
      Approved plans
17.   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        Rev.    Plan/Document Name                                     Date
          No.
          DD.03       G       Site Plan, prepared by Black Wood Architecture &       08/04//2022
                              Design
          DD.04       G       Stage 1 Ground Floor Plan, prepared by Black           08/04/2022
                              Wood Architecture & Design
          DD.05       G       Stage 1 Roof Plan, prepared by Black Wood              08/04/2022
                              Architecture & Design
          DD.06       G       Stage 1 - Elevations, prepared by Black Wood           08/04/2022
                              Architecture & Design
          DD.07       G       Stage 1 - Elevations, prepared by Black Wood           08/04/2022
                              Architecture & Design
          DD.08       G       Stage 1 Sections, prepared by Black Wood               08/04/2022
                              Architecture & Design
          DD.10       G       Stage 2 Ground Floor Plan, prepared by Black           08/04/2022
                              Wood Architecture & Design
          DD.11       G       Stage 2 Roof Plan, prepared by Black Wood              08/04/2022
                              Architecture & Design
          DD.12       G       Stage 2 - Elevations, prepared by Black Wood           08/04/2022
                              Architecture & Design
          DD.13       G       Stage 2 - Elevations, prepared by Black Wood           08/04/2022
                              Architecture & Design
          DD.14       G       Stage 2 Sections, prepared by Black Wood               08/04/2022
                              Architecture & Design
          DD.15       G       Stage 3 Ground Floor Plan, prepared by Black           08/04/2022
                              Wood Architecture & Design
          DD.16       G       Stage 3 Roof Plan, prepared by Black Wood              08/04/2022
                              Architecture & Design
          DD.17       G       Stage 3 - Elevations, prepared by Black Wood           08/04/2022
                              Architecture & Design
          DD.18       G       Stage 3 - Elevations, prepared by Black Wood           08/04/2022
                              Architecture & Design

Page 7

          DD.19       G        Stage 3 Sections, prepared by Black Wood               08/04/2022
                               Architecture & Design
          DD.20       G        Image 1, prepared by Black Wood Architecture &         08/04/2022
                               Design
          DD.21       G        Image 2, prepared by Black Wood Architecture &         08/04/2022
                               Design

Additional Conditions 18 - 19: xx April 2024 for Netball Clubhouse


 When Conditions must be Complied With
   Approved plans
18.   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        Rev.     Plan/Document Name                                     Date
          No.
          A01-01      G        Site Plan, prepared by Paynters                        12/04/24
          A02-00      G        Floor Plan, prepared by Paynters                       12/04/24
          A02-02      G        Roof Plan, prepared by Paynters                        12/04/24
          A04-00      G        Elevations Plan, prepared by Paynters                  12/04/24
          A04-01      G        Elevations Plan, prepared by Paynters                  12/04/24
          A05-00      G        Sections Plan, prepared by Paynters                    12/04/24


19.   Buildings and structures incorporate colours and textures that blend with and complement the
      natural setting through low reflective surfaces and timbers that can fade to grey without
      requiring high maintenance. Colours and materials shall be chosen to blend well with the
      colours and hues of the surrounding vegetation and landscape without causing glare or
      reflection in the violet, blue, green and yellow green side of the spectrum as well as greys or
      browns including low gloss metal finishes. Broad expanses of a single colour are less desirable
      and where possible should be broken up by other colours or design elements. Whites or bright
      colours should be restricted to trimming.
20.   Vandal resistant paint must be incorporated into the finish of the building.
21.   The building must include rainwater capture and reuse suitably designed for the roof size and
      number of toilets.



 If you have any further queries in relation to the above, please do not hesitate to contact myself.



 Regards,




 Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
 Planner/Director
 Pivotal Perspective Pty Ltd
 0406 334 227

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