Minor Change Report MCU18 0189.02

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Patrick Murphy
Department	Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0189.02
Development Approval	Development Permit for Material Change of Use of Premises (Education Type 2 School)
Applicant	Australasian Conference Association Limited
Request Received On	11 August 2021
Report Reviewed By	Kerri Coyle
Decision Due Date	04.10.2022

PROPERTY DETAILS
Property Address	20 Cooroy Belli Creek Rd Cooroy Qld 4563
RP Description	Lot 9 RP 209025
Land Area	11.41ha
Existing Use of Land	Church and school

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Community Facilities – Educational Establishment
Precinct	Not applicable
Local Area Plan	Not applicable
Overlays	Flood Hazard Overlay Landslide Hazard Overlay Moderate Hazard Area Biodiversity, Waterways and Wetlands Overlay MSES Values Area of Biodiversity Significance Riparian Buffer Waterway MSES Regulated vegetation – intersecting with a watercourse MSES Regulated vegetation – category R GBR riverine
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval by:
Increasing the cap on student numbers from 299 to 350;

Develop an additional 18 formal car parking spaces (proposed to occur within 12 months of the approval being issued);

Provision of additional staff car parking and formalisation of existing car parking area with compacted gravel and line marking;

Minor building refurbishments and extensions as follows:

Learning Resource Centre Refurbishment and Extension

Internal configuration of existing rooms to facilitate new administrative spaces. This will comprise a total new GFA of 86.57m²

Industrial Arts Building Outdoor Area Infill and New Shed

Enclosure of 36.5m² outdoor space within the existing Industrial Arts building
Construction of a 54m² outdoor storage shed along the eastern boundary of the existing Industrial Arts building

Administration Building Internal Refurbishment

Internal refurbishment of the existing Administration building, noting that no new GFA is proposed. These works are assessable under the Planning Scheme
The locality and proposal plan are included below.

Figure 1 – Locality
Figure 2 – Site Plan (additional structures in yellow)

Figure 3 – Floor Plan of changes to Early Learning Centre

Figure 4 – Elevations of changes to Early Learning Centre

Figure 4 – Elevations of proposed shed

background
A Plan of Development for the site was approved on 19 December 2002.
A compiled decision notice was issued on 12 June 2003 which provided for a Development Permit for a Material Change of Use – Educational Establishment (Stages 1 & 2) and a Preliminary Approval for Material Change of Use – Educational Establishment and Extension to Place of Worship. A Development Plan was also approved.
The Preliminary Approval includes a number of parameters; including that all uses require Code Assessment. The Plan of Development also includes a requirement for a 10 metre landscape setback to all boundaries, apart from access and car parking along the southern boundary.
The preliminary approval included an Overall Master Plan (indicative) including the location of buildings.  A copy of the master plan is detailed below:

Figure 8 – Master Plan
A development permit was issued in September 2005 for the construction of two classrooms, animal keeping shed and covered play area on the site, reflecting Stage 3 in the school’s building program. The shed was not reflected in the masterplan and was proposed to be located in an area identified as Open Space - Conservation & Waterway Protection. The siting of the shed was contrary to the preliminary approval. A condition of the development approval required the shed to be located outside of the Open Space - Conservation & Waterway Protection area.
On 9 May 2007 Council approved a Material Change of Use of Premises for Stage 4 extensions to an Education Type 2 – School and granted a Development Permit, subject to conditions. Representations were made and a Negotiated Decision Notice was issued to the conditions of the approval regarding the approved height of buildings, maximum number of students, minimum floor heights and infrastructure charges. The negotiated decision notice included a requirement for a landscape buffer including 10 metres to all boundaries, apart from access and car parking along the southern boundary.
A development approval for a Development Permit for Material Change of Use of Premises (Education Type 2 School) was issued on 1 May 2019. The applicant suspended the appeal period and made representations on 23 May 2019 to the development approval conditions. The representations primarily related to the number of students permitted on site and the floor level of the new building. The applicant’s representations regarding student numbers was supported which resulted in condition 8 being amended to limit the maximum number of students to 299.
The representation regarding the minimum floor level was not supported as the proposed re-wording of condition 12 did not ensure that the building would be designed and sited to provide a suitable freeboard above the modelled flood level at the time of the construction of the development.
In August 2020 a minor change was approved permitting the retention of an existing demountable building proposed to be demolished with the previously approved plans.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 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’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the additional built form is of little consequence with regards the existing development on site whilst the additional student numbers represents an additional 17% of the existing approved student numbers;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Community Facilities Zone Code;
Community Activities Code;
Works Codes;

The following table indicates the proposals compliance with the Noosa Plan 2020.

Criteria	Planning Scheme	Proposal	Complies
Site Area	N/A		
Gross floor area or Plot ratio	Individual buildings do not exceed 1,000m2 gfa	Early learning resource centre to have gfa of 785m2 Shed to have gfa of 54m2	
Site cover	50% max	< 50%	
Landscaped open space	15% of site area = 1.71ha min	> 4ha	
Building height storeys metres	2 storeys max 8 metres	1 storeys Early learning resource centre = 6.7 metres Shed = 3.3 metres	
Boundary setbacks Frontage Side (north) Side (south) Rear	6 metres min 2 metres min 2 metres min 3 metres min	60metres + 15 metres 75 metres + 200 metres +	
Carparking	1 space per employee; AND 1 space per 30 students, plus a separate paved setdown area for cars and buses to be used for the setting down and picking up of children.	Additional 18 car spaces proposed Total = 74 car parking spaces for parents/visitors 44 spaces for staff	

The following table indicates the proposals compliance with the conditions of the Preliminary Approval.
Conditions of Preliminary Approval	Proposal	Complies
1.1  The running track and oval and junior play area as being excluded from the Open Space – Conservation & Waterway Protection designation. 1.2.1 landscaped setbacks to the property boundaries and internal building of:- 10 metres to all boundaries, apart from access and car parking along the southern boundary - 3 metres on average between buildings.	The running track and oval and junior play areas are excluded from the Open Space – Conservation & Waterway Protection designation. Northern boundary – 10 metres Eastern boundary – 50 metres Southern boundary – 5 metres Western boundary – 200 metres The shed is to be located abutting the existing industrial arts building	X
1.2.2 Car parking to be provided in accordance with Planning Scheme provisions for each stage and use.	The existing car parking complies – additional car parking provided for increase in student numbers	
1.2.3 Site cover of 40% for the site.	The proposed additions do not increase site cover greater than 40%.	
1.2.4 Building height of two (2) storeys and nine (9) metres for the ridge or peak of any peaked roof and 8 metres in other circumstances unless a separate application for modification is made.	The proposed buildings are 1 storey and do not exceed 8 metres	
1.2.5 Provision of a landscaped buffer of 5 metres to the adjoining agricultural property to the south.	This has been conditioned as part of the original approval.	
1.2.6 Indicate all uses as requiring Code Assessment.	The applicant has undertaken a code assessment application for this proposal.	
1.2.7 Indicate no development to occur within the Open Space - Conservation & Waterway Protection designation	No development is proposed within the Open Space - Conservation & Waterway Protection designation.  A condition is recommended accordingly.	
1.2.8 Provide an Architectural design report detailing the style of buildings to be developed on site consistent with the Queensland vernacular style.	An architectural design report has been provided demonstrating that the design is consistent with the Queensland vernacular style.	
Built form
The proposal complies with all conditions of the Noosa Plan and the Preliminary Approval, except for landscape setback between buildings condition 1.2.1 of the Preliminary Approval. The conditions require a 3 metre landscape setback between buildings.
It is envisaged that the condition was required due to the large scale buildings which generally occupy a school site with the intention to break up the building bulk throughout the site with landscaping. The shed is adjacent to the industrial arts building which is one of the smaller buildings on the site. The proposed siting of the shed does not contribute significant building bulk, is more than 3 metres from all other buildings and generally does not compromise the existing landscaping between buildings throughout the remainder of the site.
The additional built form proposed does not raise concern with regards to its form or siting. The additions to the Early Learning Resource Centre is consistent with the existing building design whilst the shed has the expected appearance of building which provides a storage function.
The proposed changes will require amendment to condition 2 which details the list of approved plans.
Increase in student number – car parking
The increase in student numbers is reflective of the growing population in the surrounding area with the college planning increase the enrolment capacity to 350 students. The main issue relating to the proposed increase in student numbers is car parking.

A traffic report was submitted with the application in support of the student population increase. The report was reviewed by Council’s consulting traffic engineer which resulted in further information and amendments to the report being required.

The report recommends an additional 18 car parking spaces as an extension to the existing formalised car parking area with no staff car parking to occur in this area. It is proposed that staff car parking be throughout the site where existing informal car spaces exist with the addition of some new spaces.

Council’s consulting traffic engineer is supportive of the increased student numbers on the basis, commentary from the review included:

Comparison of the two sets of parking and queueing surveys from October 2021 and March 2022 indicates that in a practical sense staff parking has been relocated from the main carpark to other parking areas on the site, which has freed-up use of the main carpark for use solely for student collection in the afternoon peak.  In conjunction with the staggered finish times, this has reduced the previously observed queueing that was concerning in terms of potentially flowing back onto the street when the school increases to 350 students.

The proposal plans indicate 44 staff parking spaces (remote from the main carpark) on the site.  However, a large number of those appear to be informal spaces.  It is recommended that those spaces be formalised, and that the applicant be required to provide formalised sealed and linemarked parking for 44 staff parking spaces as indicated by the identified number of spaces on the proposal plan.

The proposal is to increase the main parking area from 56 spaces to 74 spaces.  Such an increase would be sufficient to accommodate the increased demands associated with the increased student population.

Having regard to the above discussion, I am now satisfied that the proposal is satisfactory from a traffic and transport perspective.

The applicant has been advised of the requirement to seal the staff car parking spaces and has questioned the need to formalise these staff parking spaces based on the following:

The submitted proposal plans identify these spaces as informal, and formalising these spaces to provide a sealed and line-marked space will place a heavy cost burden on the College

The existing staff parking spaces already operate in an efficient and safe manner, and formalising these spaces beyond what is proposed (i.e. compacted gravel and line-marking) is not considered necessary

The latest version of our submitted traffic report does not identify the formal sealing and line-marking of the existing/proposed staff car parking spaces in order to provide a satisfactory traffic outcome or compliance with the Noosa Planning Scheme.

In the longer term the College is proposing upgrades to set down and parking, and would prefer the investment towards this safety and traffic management measure, rather than more sealed car parking.  To have to seal the car parking may delay the set down upgrade which would be detrimental to the operation of the College and the traffic conditions.

The applicant’s objection to the inclusion of a condition requiring the formalisation of the staff car parking is noted. Whilst the traffic report provided by the applicant does not recommend sealing of these spaces Council’s consulting traffic engineer recommends that they be sealed based on ensuring that they are provided long term for staff car parking and that adequate car parking remain on site for parents to park and to accommodate the increase in student numbers. It is noted that the staff carking is scattered throughout the site.

The use of compacted gravel as proposed by the applicant is likely to result in areas which become degraded over time with 17 of the proposed 44 within proximity of the Riparian Buffer. This is likely to result in sediment being discharged into the Riparian Buffer.

Furthermore, consideration of an entity’s financial position is not a relevant planning consideration.

Accordingly, it is recommended that a condition be included requiring the sealing of the proposed staff car parking spaces.

cONSULTATION
Referral Agencies
The original application was referred to the Department of State Development, Manufacturing, Infrastructure and Planning (SARA) as a referral agency for State transport corridors and future State transport corridors. The Department responded advising that they consented to the application subject to conditions.
SARA is not defined at Section 80(2) of the Planning Act 2016 as an affected entity. Accordingly, notice of the proposed change is not required to be given to the DSDMIP.
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. MCU18/0189.02, to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises - Education - Type 2 School situated at 20 Cooroy Belli Creek Rd Cooroy Qld 4563 described as Lot 9 RP 209025, Council on 12 August 2022 decided to:
A.	Approve the change.
B.	Amend conditions 2 and 8 to read as follows:
Approved Plans
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
SK-02	P10	Location Plan prepared by Burling Brown Architects	06.07.20
SK-03	P9	Site Plan prepared by Burling Brown Architects	17.04.19
SK-04	P14	Ground Floor Plan prepared by Burling Brown Architects	17.04.19
SK-05	P13	First Floor Plan prepared by Burling Brown Architects	17.04.19
SK-06	P10	Elevations plans prepared by Burling Brown Architects	17.04.19
SK-10	P2	Proposed site car parking plan prepared by Burling Brown Architects	20.07.22
SK-02	P1	Location Plan - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-03	P1	Existing Floor Plan - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-04	P5	Proposed Floor Plan - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-05	P1	Elevations - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-06	P1	Elevations - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
SK-07	P1	Sections - Learning Resource Centre Refurbishment prepared by Burling Brown Architects	11.07.22
MP-04	P1	Proposed Shed Addition Location Plan prepared by Burling Brown Architects	28.06.22
MP-05	P1	Proposed Shed Addition Site Plan prepared by Burling Brown Architects	28.06.22
Q37526		Shed elevations prepared by Mecano Sheds Pty Ltd	2022
Q37526		Shed floor plan prepared by Mecano Sheds Pty Ltd	2022

Nature and Extent of Approved Use
8.	The maximum number of students permitted on site shall not exceed 350 students.
C.	Include the following additional conditions:
Car parking must be provided as detailed on the approved Proposed site car parking plan (prepared by Burling Brown Architects and dated 20.07.22). The works must be undertaken in accordance with an Operational Works approval and must include:
Parking must be in accordance with the requirements of AS/NZS 2890.1-2004;
74 formalised, sealed and line-marked car parking spaces in the area adjacent to the existing site entrance. This must be implemented prior to the increase in student numbers; and
44 staff parking spaces throughout the site that are formalised, sealed, line-marked and marked as being for staff car parking. These spaces must be sealed within 12 months of the date of this approval.
The 74 formalised spaces adjacent to the existing site entrance must not be used for staff car parking.
Traffic management must include the items detailed at page 2 of the letter provided by PTT Traffic and Transport Engineering, dated 1 April 2022, specifically:
staggered pick-up times (ie 2:45pm for kindy, 3:00pm for prep and 3:10pm for primary and secondary students);
a relocated exit gate for students accessing vehicles at the pick-up area (ie shifted further to the north) to provide additional vehicle queuing capacity; and
provision of additional staff car parking and formalisation of existing staff car parking areas

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