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26.8.26 - Letter from ATP - Minor Change 25 August 2026 · MCU24/0074.01

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                                                                                 Expert Witness
                                                                                 Development Applications & Assessment
                                                                                 Due Diligence & Compliance
                                                                                 General Development Advice




DRAFT


Tuesday, 25th of August 2026
Our Ref: 23036
Your Reference: MCU24/0074


Chief Executive Officer
Noosa Shire Council
By Email: [email protected]

Attention: Patrick Murphy, Manager Development Assessment

Dear Patrick,

Planning and Development Court Judgement D44 of 2025 – Development Approval for
a Material Change of Use (Short Term Accommodation – 16 Units) and Food and Drink
Outlet at 203-207 Gympie Terrace, Noosaville – ‘Minor Change’ Application

Reference is made to the abovementioned development approval granted by the Planning
and Environment Court on 19 June 2026. While the applicant welcomes the favourable
outcome and a resolution to the appeal, it has become apparent through detailed design, that
some changes are required to achieve the approved development on the land. The changes
being made are considered minor for reasons explained below.

The change application includes the following:

   •    DA Form 5 – Change Application for a “Minor Change”
   •    Letter from Adamson Town Planning Pty Ltd, addressing the changes to the approval,
        including:
            o Amended Proposal Plans – Attachment 1
            o Advice from Arkos Architects – Attachment 2; and
            o Swept Pathways from RECOR – Attachment 3.

The purpose of this letter is to provide advice about the changes and the ongoing compliance
with the planning scheme. The key changes include the following:

    •   a reduction in the number of short-term accommodation units from 16 to 10
        (condition 4);
    •   a reduction in the number of carparks provided onsite from 56 carparking spaces to
        49 spaces (including two (2) time sensitive spaces not available before 12pm) and a
        reduction in the number of motorcycle spaces from 10 to 6 spaces (condition 40);



                       Adamson Town Planning Pty Ltd
                               (ACN: 163 798 374 | ABN: 73 163 798 374)
                       M| 0437 754 420 Mail: PO Box 894, Cooroy QLD 4563
                   ‘Noosa Boardroom’, 28 Eenie Creek Road, Noosaville QLD 4566
                           Email| [email protected]
Full text of the other 16 pages

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        •    a change to the design at ground level towards the south with the removal of the pool,
             relocation of bin storage and amenities, the addition of glass crushing facilities,
             consolidation of stairs and lifts and provision for four (4) covered carparks;
        •    changes at ground level including the number of carparking spaces provided along
             the southern boundary with the two (2) time sensitive parking spaces (not available
             before 12pm) allocated to facilitate onsite servicing, including waste collection, with
             access from Thomas Street and egress to Albert Street (condition 38);
        •    changes to other building elements in response to the amendments required by
             condition 3 and as result of detailed design and fire compliance issues; and
        •    changes made to some of the conditions in response to the design changes being
             made.

The request for a “minor change” is pursuant to section 78 of the Planning Act 2016. The
original development application was subject to code assessment and therefore there were no
submitters. Consequently, the proposed “minor change” is able to be considered by Council
as the assessment manager despite the application having been considered and determined
by the Planning and Environment Court1.

Changed Proposal

The number of short-term accommodation units is being reduced primarily to meet the
carparking demand under the planning scheme (refer Amended Proposal Plans – Attachment
1). There are no dual key short-term accommodation units with 10 x 3 bedroom short-term
accommodation units. As explained below, the change in the number of units makes no
material difference to the bulk, scale and form of the development as it presents to road
frontages and other properties.

Essentially, it is not possible to maintain the number of short-term accommodation units and
provide the required 56 onsite carparks and 10 onsite motorcycle parks (condition 40). This is
because the design of the development needed to change at ground level to facilitate onsite
servicing with access from Thomas Street and egress onto Albert Street (condition 38).

Some additional covered parking is also being provided at ground level. The development is
being changed to reduce the number of units to meet the expected parking demand,
consistent with how parking has been previously considered, being a combination of onsite
and on street parking.

There is no increase in the demand for parking off the site, with the ratio of parking required
under the planning scheme compared to the amount of parking provided onsite essentially
being the same (excluding the contributions made previously for three (3) spaces):

       •    Current Approval - 63 carparking spaces required with 56 carparking spaces to be
            provided onsite this being a ratio of 0.88 (88%);

1
    Planning Act 2016 – Part 78A(2)(c)

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      •   Amended Proposal - 55 carparking spaces required with 49 carparking spaces being
          provided (including two (2) time sensitive spaces), this being a ratio of 0.89 (89%).

The project architect has provided advice about the changes made to the proposal plans in
response to the issues raised under condition 3 and other conditions more generally (refer
Attachment 2). Condition 3 requires the proposal plans to be amended, prior to the issue of
a development permit for operational works. It is intended through this change application to
obtain approved plans. Further, submit operational works plans to be assessed concurrently
with the change application.

The project architect has also advised about the changes made with the reconfiguration of the
back of house area at ground level. This is in conjunction with the changed traffic and parking
arrangements with access from Thomas Street and egress to Albert Street. This includes a
change to the ground level parking, relocation of the bin storage areas, provision for new glass
crushing facilities, relocated amenities, lift and fire stair consolidation. The basement has been
redesigned to better consolidate the commercial and residential parking into designated
areas, with additional storage also added.

Other changes generally improve the appearance of the built form affecting the southeast and
southwest elevations, including the roof and terrace design. These changes are minor and
include steps in the façade, window openings with decorative hoods, profiled battens to add
rhythm and texture to the façade and provision of lightweight fibre cement cladding. The
proposed design maintains a high quality built form outcome, which is expected for a
development in this location, having an activated ground level and residential development
above2.

The proposed development recognises and reinforces the waterfront location and character
of the area and provides for a high quality, low rise (three storey), sub-tropical built form and
landscape design that promotes a casual outdoor lifestyle. Further, maintains a strong
relationship with the outdoors with the incorporation of natural materials, verandahs and open
space areas and glazing for both the commercial tenancies and the short-term
accommodation units3.

The design also creates visual interest by differentiating the built form with a range of textures,
colours, and finishes. The development contributes to a varied roofline with a building height
that makes a positive contribution to the skyline. Further, provides for varied building setbacks
that create opportunities for landscaping and an interesting design. A significant amount of
landscaping is provided, which contributes positively to the attractive spaces around the built
form 4 . The changes that have been made to the building elements improve the overall
presentation to Gympie Terrace and Thomas Streets.


2
  Noosaville Local Plan Code – OO(2)(m) current planning scheme and OO(z) superseded planning scheme
3
  Noosaville Local Plan Code – OO(2)(d) for both the current and superseded planning schemes
4
  Noosaville Local Plan Code – OO(2)(e) for both the current and superseded planning schemes


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With respect to the commercial tenancies (T1-T4) there has been a reduction in the amount of
GFA, from 699.0m² to 688.7m². The amount of internal useable floor space has also been
reduced from 451.0m² to 442.5m². Further, there is also a reduction in the amount of outdoor
dining area from 220.0m² to 206.9m².

There is no change to the existing building setbacks and no change to the overall building
height of RL15.6. Further, the amount of site cover has been reduced from 2005.0m² to
1987.4m².

The reduction in the carparking at ground level is a result of the changed traffic arrangements
required by the approved plan prepared by the traffic experts during the appeal (refer Marked
Up – Ground Floor Plan CD2.02.XR2 – Figure 1). The approved plan provides access off Thomas
Street and egress onto Albert Street.




Figure 1 – Extract of approved traffic arrangements




Figure 2 – Extract of improved traffic arrangements for an MRV consistent with the
development approval



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The changes made facilitate onsite manoeuvring for a Medium Ridged Vehicle (MRV) and a
Waste Collection Vehicle (WCV), which are shown on the plans prepared by RECOR (refer
Figures 2 & 3 - Attachment 3). These changes allow for a 300mm clearance from edge of
Level 1 and the carparking along the southern boundary (refer inserts).




Figure 3 - Extract of improved traffic arrangements for an WCV consistent with the
development approval

The plans provided by RECOR demonstrate that the service vehicles can enter and leave the
site in a forward gear without traversing on to the adjoining land at 6 Thomas Street.

Car and Motor Cycle Parking

As a result of the above, the number of carparking spaces provided onsite has been reduced
from 56 (condition 40) to 49 spaces, including two (2) time sensitive spaces within the relocated
MRV loading area, when the loading area is not required, after 12pm. Given the previous
contribution made for three (3) carparking spaces, the number of carparking spaces provided
by the development is 52. The total number of parking spaces required by the development is
55 (refer table below) 5, based on the amended floor plans.

Table 1 – Carparking calculations
    Uses                    Floor areas/ Number of units                                 Rates that apply      Total
                                                                                                               Parking
                                                                                                               Spaces
    Short-term              10 x 3 bedroom                                               2.25     (including   22.5
    Accommodation                                                                        visitor parking)
    Food and Drink          T1 – 242.48m² - 92.89m² (kitchen/storage) = 149.59m²         1:20                  10.72
    Outlet                  (use area) + 64.88m² (outdoor dining) = 214.47m²




5
    The parking rates are the same under the Driveways and Parking Code for both the superseded and current planning schemes.

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                       T2 – 246.71m² - 85.62m² (kitchen/storage) = 161.09m²             13.55
                       (use area) + 110.00m² (outdoor dining) = 271.0m²
                       T3 – 73.94m² - 26.83m² (kitchen/storage) = 47.11 (use            3.15
                       area) + 16.00m² (outdoor dining) = 63.11m²
                       T4 – 125.56m² - 40.84m² (kitchen/storage) +16.00m²               5.03
                       (outdoor dining) = 100.72m² (use area)
                       Sub Total                                                        32.45
 Total                                                                                  54.95


Under the proposal plans, the total number of carparking spaces being provided on site is 38
in the basement (comprising 21 short-term accommodation spaces, including three (3) visitor
spaces and 17 commercial spaces) (refer Basement Floor Plan – Dwg No. 2.01 – Figure 4).




Figure 4 – Extract of Basement Plan

An additional nine (9) commercial carparking spaces are provided at ground level, including
one (1) disabled space and two (time sensitive spaces to be used after 12pm when all deliveries
waste collection has ended), with an additional four (4) short-term accommodation spaces also
provided at ground level (refer Ground Floor Plan – Dwg No. 2.02 – Figure 5). The total number
of carparking spaces provided onsite is 49, which means the development is effectively
providing 52 spaces, including the contribution for three (3) carparking spaces previously
made.




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Figure 5 – Extract of Ground Floor Plan

The amended development provides for eight (8) carparking spaces (four (4) new spaces) in
Gympie Terrace, one more than the seven (7) carparking spaces currently required by condition
35. The amended development is also providing eight (8) carparking spaces (5 new spaces) in
Albert Street, two (2) more than the six (6) carparking spaces currently required by condition
37d (refer Dwg No. 2.02 - Figure 5).

The total number of carparking spaces provided by the development is therefore 68 spaces,
equivalent to 52 onsite spaces and 16 on street carparking spaces. The overall amount of
carparking is well in excess of the required number of carparking spaces required by the
development (55 spaces - Table 1), when considering how the carparking has been calculated
and treated previously under the development approval. The carparking being provided is
shared between onsite and on street parking but is mostly provided onsite (89%).

The number of motorcycle spaces required is nine (9) spaces for the commercial component
(895.57m² use area/100m²) and five (5) motorcycles for the short-term accommodation (10
units/2), giving a total of 14 spaces. The proposal plans provide for six (6) motorcycle spaces
onsite at ground level and an additional eight (8) motorcycle spaces in Gympie Terrace, giving
a total number of 14 spaces provided by the development (refer Figure 5).

There is also another two (2) motorcycle spaces to be retained in Thomas Street, subject to
detailed operational works design (refer Attachment 3). Therefore, the total amount of
motorcycle parking provided is potentially 16 spaces, being a combination of onsite and on-
street parking, with 14 motorcycle spaces required by the development. The number of

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motorcycle spaces provided is in excess to the carparking, as required by the Driveway and
Parking Code (AO6.1).

The proposed development provides for 14 bicycle spaces onsite in the basement. The current
requirement for bicycle spaces is 14, based on the reduced number of units and the proposed
food and drink outlet floor areas (refer condition 46a). End of trip facilities are provided at
ground level.

In summary, the proposed development provides for the equivalent of 52 carparking spaces
(including a contribution for three (3) spaces already made) and six (6) motorcycle spaces
onsite.

Under the approval the required number of carparking spaces to be provided in Gympie
Terrace is seven (7) and six (6) motorcycle spaces (condition 35). The proposed development
is providing eight (8) on street carparking spaces (four (4) new spaces) and eight (8) new on
street motorcycle spaces.

Under the approval the required number of carparking spaces to be provided in Albert Street
is six (6) and four (4) on-street motorbike spaces (condition 37). The proposed development
provides for eight (8) on street carparking spaces (five (5) new spaces) and no motorcycle
spaces; however, this could be altered if necessary to provide four (4) motorcycle spaces to
the south of the driveway in lieu of the single carparking space in this location.

Collectively, there will be a total of 68 carparking spaces and 16 motorcycle spaces provided
with the development as a combination of onsite and on street parking. It is maintained that
sufficient parking is provided for the development given the reduction of six (6) short-term
accommodation units and the minor reduction in the food and drink outlet use areas6. This
position is consistent with how the parking demand has been assessed, treated and
conditioned under the development approval.

Onsite Servicing

In terms of the approved access and egress, RECOR has provided the necessary turning
templates for both a MRV and WCV (Eagle) to access the site from Thomas Street and egress
to Albert Street (refer Attachment 3). The turning templates show the access and egress can
be achieved consistent with the approved Marked Up Ground Floor Plan (refer CD2.02 XR2 -
Figure 1).

This combined with the requirement to provide additional landscaping adjacent to the original
02-11 carparks along the southeastern boundary, as well as other changes to improve the
onsite servicing, has resulted in the loss of some carparks in this location. It is noted that seven
(7) of the carparking spaces along the southwestern boundary have been moved closer to the


6
    Driveways and Parking Code – PO6

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boundary to achieve the necessary 300mm clearance on both sides of the WCV from Level 1
and the parking spaces (refer Figures 2 & 3).

Some additional strips of landscaping have been provided in this location with sufficient area
for three (3) small trees (refer condition 54). Seven (7) of these carparks have been shortened
consistent the traffic engineering advice provided on the marked up plan (Dwg No. CD2.02
XR2 – Figure 1). The 600mm overhang for bays 1A to 5 are to be landscaped. Carparks 6 & 7
have not been shortened. A fence will also be provided along the southwestern boundary in
this location to help mitigate any adverse amenity impacts to the adjoining property.

There are two (2) time sensitive carparking spaces provided over the MRV loading area (spaces
1A & 2A). These spaces will be sign marked and not used until 12pm, after all deliveries to the
food and drink outlets have been completed. It is expected that the WCV will attend the site
earlier in the morning.

Other Development Parameters

In terms of other changes to the built form, the project architect has provided advice about
the specific built form changes made, as required by condition 3 (refer Attachment 2). These
changes primarily relate to changes in the roof terrace area and do not materially affect the
presentation of bulk, scale and form of the development, as discussed above.

In terms of the most relevant development parameters, the following table is provided:

 Development                Development              Minor              Change
 Parameter                  Application              Change
 Site Cover (45%)           (2005m²) 53%             (1987.35) 53%      Remains the same (refer
                                                                        Site Cover Plan – Dwg No.
                                                                        1.02)
 Soft      Landscaping 10% (393m²)                   11.3%              An     increase    in    soft
 (10%)                                               (423.57m²)         landscaping            (refer
                                                                        Landscaping Plan – Dwg
                                                                        No. 1.04)
 Gross Floor          Area 2,995m²                   2,996m²            A minor increase in GFA
 (3,000m²)                                                              (refer Gross Floor Area Plan
                                                                        – Dwg No. 1.06)
 Plot Ratio (0.8:1)         0.8:1                    0.8:1              Remains the same

The building setbacks and the general nature of the design have not changed. There is no
change to the height of the enclosed stairs on the roof. There is limited change to the external
appearance of the development, other than the minor changes required to various building
elements as explained by the project architect in response to condition 3, and as a result of
detailed design, including fire compliance requirements.


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The overall bulk, scale and form of the development remains the same compared to the
approved development.

Changes to Conditions

As a result of the proposed changes, a number of amendments are required to the conditions
of approval, which are discussed below.

Condition 3

This condition is to be amended as follows:

Development authorised by this approval must be undertaken generally in accordance with
the Approved Plans listed in the table below.

 Plan No.                  Rev.      Plan/Document Name                                 Date
 Site Plan                 B         2404 Dwg No.1.01                                   25/08/2026
 Basement Plan             B         2404 Dwg No. 2.01                                  25/08/2026
 Ground Floor Plan         B         2404 Dwg No. 2.02                                  25/08/2026
 Level 01 Plan             B         2404 Dwg No. 2.03                                  25/08/2026
 Level 02 Plan             B         2404 Dwg No. 2.04                                  25/08/2026
 Level 03 Roof Terrace     B         2404 Dwg No. 2.05                                  25/08/2026
 Plan
 Elevation    01     –     B         2404 Dwg No. 3.01                                  25/08/2026
 Gympie
 Terrace/North
 Elevation    02     –     B         2404 Dwg No. 3.02                                  25/08/2026
 Thomas St/West
 Elevation 03 – Albert     B         2404 Dwg No. 3.03                                  25/08/2026
 Street/East
 Elevation 04 – Albert     B         2404 Dwg No. 3.04                                  25/08/2026
 St South & 06 Albert
 St/West
 Elevation 05 – South      B         2404 Dwg No. 3.05                                  25/08/2026
 Elevation    07     –     B         2404 Dwg No. 3.06                                  25/08/2026
 Thomas Street/East

Condition 4

This condition is to be amended as follows:

The approved development consists of Food and Drink outlets and Short-Term Accommodation
(10 Units) as shown on the approved plans.


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Condition 5

This condition is to be amended as follows:

The total number of bedrooms that are available for guest accommodation must not exceed 30
bedrooms.

Condition 6

This condition 6 is to be amended as follows:

The Food and Drink outlets as shown on the approved plans are not to exceed, outdoor dining
(207m²), internal use area (443m²) and gross floor area 689m².

Condition 12

Condition 12 states:

External design features, including the extent of fixed or operable screens fronting all streets,
materials, colours and finishes must be shown on the Approved Plans and submitted to Council
for written approval from the Development Assessment Manager prior to the issue of Building
approval. No inclusions or alterations are made without approval in writing by Council.

Given that finalised design plans have now been provided, which show the extent of fixed or
operable screens fronting all streets, materials, colours and finishes, the above condition is
superfluous. It is requested that condition 12 be deleted. The condition is not required with
the amended proposal plans to become the approved plans for the development under
condition 3.

Condition 13

Condition 13, states:

Additional detailed plans and interior elevations showing appearance and design treatments of
internal view corridors highlighted by Council in the Internal Views bundle (NSC mark-up) to be
submitted to Council prior to the issue of any Operational Works Permit. The design of these
areas must not result in an increase in the gross floor area of the development.

Detailed architectural design plans have now been provided for the development. There are a
number of other conditions with respect to deck and balcony areas not being enclosed
(condition 14) and all balustrades to decks and balcony areas to remain open (condition 13).
The development is required to be ‘generally in accordance with’ the approved plans, as is
ordinarily the case. There is no need for this condition, which should be deleted.



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Condition 35

Part 35d requires the provision of seven (7) on-street carparks, with part 35e requiring the
provision of six (6) on-street motorcycle parks. Given the advice provided above, it is requested
that these parts of the condition be amended as follows:

•     35d:
      The provision of 8 on-street carparks as shown on the Approved Plans in a manner that does
      not disadvantage adjacent properties or the function and safety of the local road network –
      all proposed 8 on-street carparks must be line marked in accordance with AS2890.05, include
      a minimum width of 2.1m measured from kerb invert and achieve a minimum separation of
      1 metre between all driveway crossovers and kerb tangent points to not disadvantage
      existing sight lines;

•     35e:
      The provision of 8 on-street motorcycle parks as shown on the Approved Plans in a manner
      that does not disadvantage adjacent properties or the function and safety of the local road
      network – all proposed 8 on-street motorbike parks must be line marked in accordance with
      AS2890.05 and achieve a minimum separation of 1 metre between all driveway crossovers
      and kerb tangent points to not disadvantage existing sight lines;

Condition 37

Part 37d requires the provision for six (6) on-street carparks, with part 37e requiring provision
for four (4) on-street motorcycle parks. Consistent with the advice provided above, condition
37d is to be amended as follows:

•     37d:
      The provision of 8 on-street carparks as shown on the Approved Plans, in a manner that does
      not disadvantage adjacent properties or the function and safety of the local road network.
      All proposed 6 on-street carparks must be line marked in accordance with AS2890.05, include
      a minimum width of 2.1m measured from kerb invert and achieve a minimum separation of
      1 metre between all driveway crossovers and kerb tangents point to not disadvantage
      existing sight lines;

•     Part 37e is to be deleted with no motorcycle parking spaces being provided in Albert
      Street.

•     The last part of condition 37 is to be changed as follows:

      Condition 37 (a, b, c and d) are imposed pursuant to s145 of the Planning Act 2016
      being non-trunk infrastructure.

Condition 40

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Consistent with the advice provided above, condition 40 is to be amended as follows:

A total of 49 carparking spaces (including two (2) time sensitive spaces before 12pm) and 6
motorcycle spaces as shown on the Approved Plans must be provided and marked on the site.
The works must be undertaken in accordance with an Operational Works approval, generally in
accordance with the Approved Plans and must include the following:

a. a total of 21 on-site carparking spaces in the basement shall be clearly marked for short-
   term accommodation use and shall be accessible at all times. The balance 17 on-site
   carparking spaces in the basement shall be clearly marked as for commercial purposes (Food
   and Drink Outlet) and shall be accessible at all times;
b. a total of six (6) motorcycle spaces at ground level;
c. a total of nine (9) at ground carparking spaces for commercial purposes, seven (7) of which
   shall be short spaces, one (1) disabled parking space and two (time sensitive spaces not to be
   used before 12pm);
d. a total of four (4) covered carparking spaces at ground level;
e. pedestrian routes in accordance with the conditions of this Decision Notice; and
f. dimensions, User Class, crossfalls and gradients in accordance with Australian
   Standard AS2890: Parking Facilities.

Condition 43

Condition 43 is to be amended to refer to the approved plans only, as follows:

Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The
works must be undertaken in accordance with an Operational Works approval, generally in
accordance with the Approved Plans.

Condition 46

Condition 46a is to be amended as follows:

    a. the development must provide a minimum of 14 accessible bicycle spaces.

Condition 54

Condition 54 is to be amended, primarily with respect to the landscaping adjacent to previous
carparks 02-11 along the southeastern boundary. Condition 54 should be amended as follows:

The development site must be landscaped in accordance with the approved plans. The works
must be undertaken in accordance with an Operational Works approval and the Noosa Plan for
that specific area and must include in particular:



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a. the landscape frontage works shown on the referenced documents are to achieve a minimum
   of 1.0 metre width of landscaped area (clear of retaining structures) to all frontages
   (excluding the fire booster cabinet/structure in Albert Street) and a minimum overall site
   landscaped area of 10%.
b. landscaping adjacent carparks 1A-7 inclusive, must incorporate 3 small trees. The use of
   underground structural soil cells to create a minimum of 5 square metres of suitable growing
   medium / area is required for each tree.
c. Seven (7) of the carparks in this location (carparks 1A – 5) are to be small carparks with a
   600mm wide landscaped overhang area.
d. vegetated screening of any electrical transformer (to the extent permitted by Energex), bin
   storage areas and the like from the road frontage
e. provision of 1 street tree within the road reserve for every 8 metres of road frontage.

It is suggested that no other conditions of the approval need to be changed to allow for the
development under the amended proposal plans.

Minor Change

Pursuant to the definition of a “minor change”, the proposed changes are considered minor.
There is minimal change to the appearance of the built form as presented to the road frontages
and nearby properties. To the extent there have been changes made to the presentation of
the proposed built form, this is a result of amendments required by condition 3 and as a result
of detailed design, including fire isolation compliance requirements.

Although there has been a change at ground level towards the south, with the removal of the
shared pool area, the relocation of the bin storage area and amenities, the consolidation of
stairs and lifts and the inclusion of four (4) short-term accommodation carparks, these changes
do not present to a street frontage. These changes are necessarily required to address onsite
servicing, parking and landscaping requirements.

The proposed changes will not result in a substantially different development. This is because
the proposed development as amended:

     •   is for the same uses as applied for under the application made
     •   is over the same parcels of land
     •   does not dramatically change the built form in terms of the scale, bulk and appearance
     •   does not change how the uses will operate from the site
     •   does not involve the removal of an integral part of the development
     •   has a reduced number of short-term accommodation units and therefore a reduced
         amount of traffic generated, along with improved onsite servicing;
     •   does not introduce any new impacts
     •   does not require a social impact assessment; and
     •   will not cause any added impact on the provision of infrastructure with a reduction in
         the number of short-term accommodation units reducing demand.

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    “Adamson Town Planning, specialising in providing higher order town planning advice”




The proposed changes do not trigger referral to the State Assessment Referral Agency (SARA)
or any other State agency, nor trigger public notification. The proposed changes are
considered a “minor change” under the Planning Act 2016 and largely respond to the
conditions of approval and issues raised during detailed design, including fire compliance
requirements. In particular, with respect to the provision of carparking, access and egress,
which necessitates a change to the proposal and some of the conditions of approval.

Planning Assessment

Having regard to section 81 of the Planning Act 2016, the assessment must consider the
statutory instrument in effect at the time the application for the development approval was
properly made, which was the superseded planning scheme (Noosa Plan 2020 – Amendment
1 – 25 September 2020). Further, may give weight the assessment manager considers
appropriate, in the circumstances, to the statutory instrument in affect when the change
application was made, which is the current planning scheme (Noosa Plan 2020 – Amendment
3 – 20 March 2026).

In my opinion, the proposed changes do not raise any new issues under the superseded
planning scheme. The development will provide for visitor accommodation in the form of
short-term accommodation consistent with the Tourist Accommodation Zone, with ancillary
ground level retail, food and beverage uses that contribute to the tourism focus7.

A reduction in the number of accommodation units does affect the compatibility of the
development in this location 8. Further, the development remains primarily of a residential
nature to accommodate visitors and ancillary uses along Gympie Terrace and Thomas Street
as reasonably expected in this location9.

There is also no material change with respect to the proposed development’s level of
compliance with the relevant development parameters of building height, site cover, plot ratio,
building setbacks and the amount of landscaped open space, when considered in context with
the current development approval. The development maintains the same bulk and scale, which
is compatible with surrounding development and is consistent with the expected built form
outcomes and the nature of the uses in this location10.

Having regard to the current planning scheme, the land is included within the District Centre
Zone and partly within the High Density Residential Zone (part of Lot 7 on SP347727). The site
is also partly within the Noosaville Main Street Precinct. It is not expected that visitor
accommodation (short-term accommodation) would be provided within the District Centre
Zone, but regardless this use is approved.


7
  Tourist Accommodation Code – PO1 (Superseded Planning Scheme)
8
  Tourist Accommodation Code – PO2 (Superseded Planning Scheme)
9
  Tourist Accommodation Code – PO5 (Superseded Planning Scheme)
10
   Tourist Accommodation Code – PO9, PO10, PO11, PO12 & PO13 (Superseded Planning Scheme)

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     “Adamson Town Planning, specialising in providing higher order town planning advice”




It is noted that short-term accommodation is also not consistent within the High Density
Residential Zone. Given the mix of land use zonings and that the Noosa Main Street Precinct
applies in part, any development of the site would have to be rationalised in order to achieve
the differing planning outcomes intended for the land.

Despite the above, the development parameters affecting the built form remain generally
consistent, in terms of the building height being 12m and three (3) storeys, with no site cover
requirement for land within the District Centre Zone, a plot ratio of 0.8:1 and similar building
setbacks11. While the site cover for the High Density Residential Zone is 40%, there is a minor
reduction in the amount of site cover now being proposed12. Further, there is no change to
the proposed building height13.

Other planning outcomes are also similar in terms the proposed built form having a high level
of architectural merit, given the varying building elements and forms described above 14 .
Further, the development is compatible with surrounding development 15 . The proposed
changes to the development do not affect the level of compliance with these outcomes.

In my opinion, the changes made to the development as approved, are minor and do not raise
any new town planning issues. The proposed development maintains the same land uses but
lowers the intensity of the short-term accommodation component to accord with the amount
of parking to be provided and remains consistent with the intent of the superseded Tourist
Accommodation Zone under which the approval was granted. The proposed development
provides for an appropriate mix of outdoor dining experiences providing for an active street
frontage amongst visitor accommodation16.

Summary

In summary, there are no town planning consequences resulting from a reduction in the
number of short-term accommodation units from 16 to 10. There is a small reduction in the
commercial floor space being provided for tenancies T1-T4. There is a corresponding reduction
in the demand for car and motorcycle parking required by the development.

A change to the design was required at ground level to facilitate servicing within the site with
access to be obtained from Thomas Street and egress to Albert Street. The detailed design has
also necessitated a change to the parking requirements at ground level and in the basement.

The parking being provided for the development as a whole comprises 68 carparking spaces
and 14 motorcycle spaces, which exceeds the parking requirement under the planning scheme.

11
   District Centre Zone Code – PO13, PO14, PO15 & PO18
12
   Residential High Density Zone Code – PO8
13
   Residential High Density Zone Code – PO6 & District Centre Zone Code – PO13
14
   District Centre Zone Code – PO22
15
   Residential High Density Zone Code – PO7
16
   Noosaville Local Plan Code – OO(z) superseded planning scheme

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 “Adamson Town Planning, specialising in providing higher order town planning advice”




The proposed parking remains a combination of onsite and on street parking, consistent with
how the parking demand has been treated and assessed under the development approval.

The ratio of onsite carparking compared to the carparking required under the planning scheme
remains equivalent, with no added demand placed on street parking. The overall amount of
carparking being provided by the development as a combination of onsite and on street
parking is being increased from 63 spaces to 68 spaces, which provides significant community
benefit.

The other changes relate to various amendments as required by condition 3 and a result of
detailed design, including fire compliance requirements. Overall, there is no increase in the
amount of GFA and plot ratio, a minor decrease in the amount of site cover, a small increase
in the amount of landscaped open space and no change in building height. Overall, there is
no material change to the bulk, scale and form of development.

The proposed design changes will provide a high quality built form outcome in this location
in Noosaville. The development improves the streetscape and landscape treatments with
active street frontages presenting to Gympie Terrace and Thomas Street and residential
development above.

The proposed changes are considered a ‘minor change’ and will not result in any town
planning consequences.

Should you require further information or have any concerns about any aspects of the change
application, please contact me.

Yours faithfully




Shane Adamson (BEngTech, GDURP, MPIA, MQELA)
Town Planning Specialist
Director - Adamson Town Planning Pty Ltd




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26036 – Gympie Terrace Pty Ltd

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