Minor Change Report MCU17 0073.01 · MCU17/0073.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	MCU17/0073.01
Development Approval	Development Permit for Material Change of Use of Premises (Wellbeing Type 3 Worship)
Applicant	Lutheran Church Of Australia Queensland District T/A Good Shepherd Lutheran College
Request Received On	6 November 2020

PROPERTY DETAILS
Property Address	115 Eumundi Noosa Rd Noosaville Qld 4566
RP Description	Lot 1 SP 228052, Lot 30 SP 170751
Land Area	56,800 Square Metres
Existing Use of Land	School Campus and Church

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Community Facilities
Overlays	Acid Sulfate Soil overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development approval to delete Condition 12 and amend Conditions 2 & 13. The applicant has provided new plans that show the extent of the changes which involve some reconfiguration of the layout and increase in floor area which include:

background
The 5.68 hectare site is currently used by the Good Shepard Lutheran College which contains the existing church within the school hall, early learning centre, three sports fields, swimming pool and associated school buildings.
A summary of the approval history relating more specifically to the church are listed as follows:

Application No.	Decision
R174	Rezoning to Special Facilities Church and School 4 June 1986
3B-223	Church Hall (dual purpose)
23134 DA	Educational Establishment, Place of Worship & Industrial Uses with Staged Lot Reconfiguration (preliminary approval)
A development approval for a Development Permit for Material Change of Use of Premises (Wellbeing Type 3 Worship – extension to existing church) was approved 17 July 2018.
On 27 September 2018 a Negotiated decision notice was issued approving changes to the acoustic requirements.
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Local Plan Code
Community Facilities Zone Code
Community Activities Code
Works Codes
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 change relates to minor changes to the layout for an approved use;
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 original application for which this minor change application relates was approved under Noosa Plan 2006.  The requested changes lodged under Noosa Plan 2020 must be assessed under Noosa 2020 with due regard to the provisions of Noosa 2006. The zoning has not changed and the intent for the site remains the same.
Condition 2
Approved Plans
2.	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.	Plan/Document Name	Date
160012_A-D-A- 01-00_1	Site Plan – Overall, drawn by Ken Down Architects	30 May 2017
160012_A-D-A- 01-00_2	Site and Location Plan, drawn by Ken Down Architects	30 May 2017
160012_A-D-A- 02-01_2	Existing Floor Plan, drawn by Ken Down Architects	No date
160012_A-D-A- 02-03_4	Lower Ground Level, drawn by Ken Down Architects l	21 March 2017
160012_A-D-A- 02-02_5	Ground Floor Plan, drawn by Ken Down Architects	21 March 2017
160012_A-D-A- 02-04_2	Roof Plan, drawn by Ken Down Architects	March 2017
160012_A-D-A- 04-01_3	External Elevations, drawn by Ken Down Architects (as annotated by Council)	30 May 2017
160012_A-D-A- 04-50_1	Perspectives, drawn by Ken Down Architects (as annotated by Council)	29 May 2017
160012_A-D-A- 04-51_1	Perspectives, drawn by Ken Down Architects (as annotated by Council)	29 May 2017
160012_A-D-A- 04-55_1	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_A-D-A- 05-01_2	Sections, drawn by Ken Down Architects (as annotated by Council)	30 May 2017
160012_A-D-A- 05-02_2	Sections, drawn by Ken Down Architects	30 May 2017
160012_A-D-A- 05-03_2	Sections, drawn by Ken Down Architects	31 May 2017
160012_A-D-A- 04-52_1	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_A-D-A- 04-53_1	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_A-D-A- 04-54_1	Perspectives, drawn by Ken Down Architects	29 May 2017

Applicant’s Request
A detailed design of the church and office space has led to some minor building design changes and the applicant has provided a new set of plans.  The proposed floor area has increased from 1232m2 to 1269m2 as outlined in the proposal section of this report. The plant equipment has also moved. Two additional car spaces are also proposed on the north eastern car park.
Assessment of Request
The changes will result in an overall increase of landscaping of an additional 57m2. Some of this landscaping is provided near the access road fronting the church, which assists in softening the built form where viewed from Noosa Eumundi Road.
The extensions do not result in additional student numbers which would impact on car parking, as the increase in floor area is attributed to meeting spaces which is used by churchgoers which occurs out of school hours and on weekends.
There are no issues associated with the changes as outlined in the plans and therefore it is agreed to change Condition 2.
Consequential amendment:
The plans also show the cross at the front of the building mounted on a tilt up panel which protrudes above the roof line of the building.  Condition 10 of the existing approval states:
10.	The cross associated with the church must not protrude above the roof line.
The plans submitted with the original application showed a cross mounted on the roof that exceeded the allowable height limit, which was not supported.  While it is acknowledged the cross is a religious symbol, it is considered that a structure well above the allowable 8 metre height limit would be quite visible to Eumundi Noosa Road and adjoining residences.
The plans submitted with this application show a cross above the roofline of the church but no greater than 8 metres in height.  Refer to Figure 2 – front elevation.

Figure 2 – front elevation
The original issue was the height of the cross which increased its prominence external to the site.  Although the revised plans show the cross above the roof line, it does not exceed the allowable height limit of 8 metres.  The design of the cross has been integrated into the building and therefore it is proposed to amend Condition 10 to stipulate the cross and structure it is mounted on be of a height no greater than 8 metres from natural and finished ground level.

Condition 12
12.	The north eastern side of the congregation area should not have louvres or windows capable of being opened.

Applicant’s Request

Assessment of Request
The applicant submitted an acoustic report with the original application and the development was conditioned to accord with the recommendations in that report. Page 8 of the acoustic report stated the following:

Submissions received during the submission period of the original application indicated that noise associated with church, day care, school activities and ground maintenance has been an issue for some residences. With respect to the church, the building has a separation (at the closest point of the building) of 27 metres to the nearest residence. The subject site adjoins residential land which is located to the north and the extension to the church will result in the closest residence (at the closest point of the building) being 15.65 metres away.

The original Council officer assessment of the noise provisions expressed concerns with a reliance on patrons opening and closing windows.  In response, the applicant amended the original design to address these concerns, removing the louvres on the north eastern side closest to the residential properties and replacing with fixed glass panels. Condition 12 was included accordingly.

There is a risk of noise impacts where windows are left open at the north east location given the close proximity of the neighbouring dwellings.  It is problematic to rely on patrons closing windows when activities are at their loudest and the applicant has not provided additional information to support the request for the change.  Therefore the request to delete Condition 12 is not supported.

Condition 13
13.	The church must not operate outside the hours of:
a.	7am to 10pm Monday to Thursday
b.	7am to 11pm Friday and Saturday
c.	8am to 10pm Sunday or any public holiday.
d.	A dawn service is allowed on an infrequent basis not exceeding one or two services per year.
Applicant’s Request

Assessment of Request
The requested change results in an earlier finish time on Friday and Saturday nights than what was originally proposed, which lessens impacts on nearly residences.  The request to change Condition 13 is supported.

cONSULTATION
Referral Agencies
The original and minor change application was referred to the following Referral agency.

Advice

Energex

Original application: The department is an advice agency as the site is within 100 metres of a sub-station site.  The department responded by letter dated 19 July 2017 recommending approval for the proposal.  Given they are an advice agency, this advice is interpreted as they have no objections to the proposal.

Minor Change application: On 11 November Energex responded with ‘no objection to the proposed Minor Change’.
Other Referrals
Not applicable

conclusion & reasons for decision
The requested changes by the applicant are supported with the exception of the request to delete Condition 12.
RECOMMENDATION
With regard to Application No. MCU17/0073.01 to make a minor change to an existing approval for Development Permit for Material Change of Use of Premises (Wellbeing Type 3 Worship) situated at 115 Eumundi Noosa Rd Noosaville described as Lot 1 SP 228052, Lot 30 SP 170751, Council on 10 December 2020 decided to:
A.	Approve the change.
B.	Amend conditions 2 & 13 to read as follows:
Approved Plans
2.	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.	Plan/Document Name	Date
160012_C-A- 01-00_5	Site Plan – Overall, drawn by Ken Down Architects	30 May 2017
160012_C-A- 01-01_7	Site and Location Plan, drawn by Ken Down Architects	30 May 2017
160012_C-A-02-01_9	Existing/Demolition Floor Plans, drawn by Ken Down Architects	No date
160012_C-A-02-02_17	Ground Floor Plan, drawn by Ken Down Architects l	21 March 2017
160012_C-A-02-03_15	Lower Ground Floor Plan, drawn by Ken Down Architects	21 March 2017
160012_C-A-02-04_8	Roof Plan, drawn by Ken Down Architects	March 2017
160012_C-A-04-02_8	External Elevations, drawn by Ken Down Architects	30 May 2017
160012_C-A-04-50_8	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_C-A-04-51_8	Perspectives, drawn by Ken Down Architects	29 May 2017
160012_C-A-05-01_11	Sections, drawn by Ken Down Architects	30 May 2017

13.	The church must not operate outside the hours of:
a.	7am to 10pm Monday to Thursday
b.	7am to 10pm Friday and Saturday
c.	8am to 10pm Sunday or any public holiday.
d.	A dawn service is allowed on an infrequent basis not exceeding one or two services per year.
C.	Make a consequential amendment to Condition 10 as follows:
10.	The cross and structure which the cross is mounted on must not exceed 8 metres from natural and finished ground level.
D.	Refuse to delete Condition 12 for the following reasons:
a)  Noise will impact on nearby residences if the north eastern windows were to be left open and relying on patrons opening and closing windows at the right time is problematic.
E.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016

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[Attachment: image1.png (image text)]
Place of Worship - 433m? to 437m’;

New offices and amenities ground floor - 215m? to 214m”,

Hall enclosed area ground floor - 338m? to 337m*,

New meeting room lower enclosed area - 169m? to 204m; and
Storeroom lower enclosed area - 77m? to 77m’.


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The overall change in floor area is about 37m’, which is associated with the size of the meeting
room at the lower ground level. This meeting room is primarily used by churchgoers, which
mainly occurs out of school hours and on weekends. Consequently, it is not expected that this
minor increase in floor space would have any car parking implications for the site.

The other changes made include the relocation of the plant area from beside the church to
the western side of the access way adjoining the substation site to the south-west. This change
will result in an overall increase in the amount of landscaping fronting the church by
approximately 80m?; however, there will be a reduction of approximately 23m? at the new
location. There is an overall net gain in landscaping provided beside the churcli of S7m?.

‘Some of this landscaping is provided near the access road fronting the church, which helps to
soften the built form when viewed from Eumundi Noosa Road (refer to the Site and Location
Plan - Figure 1).


[Attachment: image3.png (image text)]
New
\\
‘New Plant Area
cy
Figure 1 Extract of Site and Location Plan
il

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Itis noted that the condition says should not have louvres or wiondows capable of being open.
The noise expert has confirmed that the Acoustic Noise Vibration Report (Acoustic Report)
dated 12 September 2018 (referred to in condition 19), does not require windows to be fixed.

The Acoustic Report states that for the Worship Centre:
© comprises standard constructions for roof, ceiling and external walls;
* acoustic glazing to windows in the Sanctuary, and part of the eastern wall (closest to
the residences); and
* air conditioning to enable doors and windows (closest to the residences) to be closed
during services.

The noise expert has advised that ... the current design has openable windows to the east side
of the building that have acoustic glazing as required in the 12 September 2018 report. As per
the report the church would need to close the windows closest to the residences during services
(ie. as levels with windows open would exceed the day and evening criteria), but the windows
could be left open during quieter unamplified uses eg. prayer meeting or when church is open
for people to use for quiet meditation.

In short, Condition 12 should be deleted as Condition 19 requires the building to be built in
accordance with the recommendations of the Acoustic Report, which is to be certified.


[Attachment: image7.png (image text)]
The applicant is seeking to change Condition 13 to limit the hours of operation from 7am to
10pm Friday and Saturday. From an acoustic perspective, the current criteria for the night
period 10pm - 7am uses the night time background level (BG) of 30dBA; thus the criterion
would be BG + 3 = 30 + 3 = 33qBA.

The noise expert has advised that level would be more difficult to meet for the air conditioning
than the Evening criterion of 43dBA. Consequently, it may not be possible to meet the noise
criteria required for the airconditioning plant under condition 20 and also the criteria set for


[Attachment: image8.png (image text)]
the operation of the church under condition 21, both of which have to be measured and
certified. The noise expert has advised that the development will be able to meet the criteria
until 10 pm. Consequently, it is requested that Condition 13 be amended as follows:

The church must not operate outside the hours of:
@) 7am to 10pm Monday to Thursday
4) 7am to 10pm Friday and Saturday
) 8am to 10pm Sunday or any public holiday.
d) A dawn service is allowed on an infrequent basis, not exceeding one or two services per

year.