Cover Letter · 51987.44.03

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    c.   Agree to enter into an Infrastructure Agreement with the applicant that provides for contributions in
         lieu of 2 on-site car parking spaces.

A Building Approval for the work was issued on 28 April 2020 and construction commenced soon after.

On 17 December 2020 Council issued a show cause notice in relation to a number of alleged non-
compliances with conditions.

On 29 January 2021 A minor change application was made to rectify the issues raised in the Show Cause
Notice.

On 18 March 2021, Council, at its Ordinary Meeting, decided to approve the requested changes which
involved:
    A. Amending conditions 13, 16 and 24 which related to the list of approve plans, operating hours and
        building appearance; and
    B. Deleting Conditions 14 and 15 which related to prescribed use area limitations for both approved
        uses.

The Proposal
While nearing completion of the project, it was discovered that the carpark could not be reconstructed in
accordance with condition 32 of the change approval which requires that:

32. A minimum of 9 car parking spaces must be provided on the site in accordance with approved plans;
    made available and accessible at all times while the use is open for business. The carparking must
    include in particular:
    a. Sealed and non-slip approved surface.
    b. 7 customers parking spaces within the total, which are clearly marked for that purpose.
    c. 2 staff parking spaces within the total, which are clearly marked for that purpose.
    d. Parking spaces and line marked and sign posted crossfalls and gradients in accordance with
        Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Offstreet car parking.
    e. Marked pedestrian routes in accordance with the conditions of this Decision Notice.
    f. Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian
        Standard AS1158: Public Lighting Code.

In particular, it was found that while the approved plans associated with the original approval (51987.44.02)
detailed 8 car parking spaces along the rear (eastern) boundary of the site, these did not comply with the
dimensions set out in Australian Standard AS/NZS 2890.1. Further, given the width constraint along the
site’s rear boundary, these cannot be redesigned to comply.

To rectify this issue, our client engaged TOD Consulting Engineers to prepare a revised carpark layout for
the site that would be safe and appropriate for the intended use and provide a sufficient number of spaces.
The revised layout is illustrated in Figure 1 below provides for:
     a. 6 x User Class 1 A spaces that have dimensions of 2.4m x 5.4m;
     b. 2 x Class 2 spaces that have dimensions of 2.5m x 5.4m; and
     c. 4 x motorcycle/scooter spaces in leu of the 9th car space.

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Figure 1 - Revised Carpark Layout

The proposed change to the carparking numbers from 9 car spaces to 8 car spaces and 4 motorcycle
spaces aligns with the provisions of the Driveways and Carparking Code under the Noosa Plan 2020.
Acceptable Outcome AO6.2 allows motorcycle spaces to be substituted for car parking spaces at a rate of
4 motorcycles spaces provided per 1 car parking space. Consequently, there would be no loss in overall car
parking numbers and the development would promote the use of motorcycles and scooters.

Further, TOD Consulting Engineers have determined that the revised layout and space dimensions will be
safe and appropriate for the intended use given the existing constraints with the site.

Changes to Conditions
As a result of approving the revised car parking layout, it is requested that the following consequential
changes to the conditions be approved:

Condition 13 - Approved Plans

It is requested that the list of approved plans associated with Condition 13 be amended as follows:

13.     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.

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Approved Plans

 Plan No.             Rev.     Plan/Document Name                                          Date
 15.0319.1.3A         A        New Ground Floor Plan, prepared by and+design               June 2020
                                                                                           As amended
                                                                                           on 11/08/2021
 15.0319.1.4A         A        New First Floor Plan, prepared by and+design                June 2020
 15.0319.3.1A         A        Sections, prepared by and+design                            June 2020
 15.0319.4.1A         A        Elevations, prepared by and+design                          June 2020
 21509 -SK001         A        Carpark Linemarking Layout, prepared by TOD                 15.06.21
 Sheet 1 of 2                  Consulting Engineers and Project Managers


Conditions 31 and 32 - Car Parking

It is also requested that Conditions 31 and 32 be amended as follows:

31.     The applicant will comply with the requirements of any Infrastructure Agreement entered into
        with the Council with respect to the payment of car parking contributions in relation to the
        proposed development. In the event that the Infrastructure Agreement does not apply a
        minimum of 11 10 car parking spaces and 4 motorcycle spaces must be provided and marked on
        the site and made available and accessible at all times while the use is open for business.

32.     A minimum of 9 8 car parking spaces and 4 motorcycle spaces must be provided on the site in
        accordance with approved plans; made available and accessible at all times while the use is open
        for business. The carparking must include in particular:

        a. Sealed and non-slip approved surface.

        b. 7 6 customers parking spaces within the total, which are clearly marked for that purpose.

        c.   2 staff parking spaces within the total, which are clearly marked for that purpose.

        d. Parking spaces and line marked and sign posted crossfalls and gradients generally in
           accordance with Australian Standard AS/NZS 2890.1 Parking Facilities- Part 1: Offstreet car
           parking and/or certified safe and appropriate for use by a Registered Professional
           Engineer of Queensland (RPEQ) experienced in civil engineering .

        e. Marked pedestrian routes in accordance with the conditions of this Decision Notice.

        f.   Provision of vandal resistant public lighting with intensities to satisfy the requirements of
             Australian Standard AS1158: Public Lighting Code.

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor variation to the layout of the carparking area;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + Public notification was carried out associated with the former ‘other change’ application and the
         change the subject change would not require public notification

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For these reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.