Minor Change Report MCU13 0098.01 · MCU13/0098.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner/Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU13/0098.01 MCU13/0098
Development Approval	Development Permit for Material Change of Use of Premises - Industrial business Type 2 Production, alteration, repackaging & repairing
Applicant	Markris Wholesale Foods Pty Ltd
Request Received On	13 July 2020

PROPERTY DETAILS
Property Address	81 Rene St Noosaville Qld 4566
RP Description	Lot 3 SP 244573
Land Area	4000m²
Existing Use of Land	Industrial activity

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Shire Business Centre
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval to construct a 12m x 9m freezer with a GFA of 96m² (Use area 90m²) located below an existing awning to the front of the building.
The proposal seeks to remove 2 existing car spaces and provide an additional 5 motorbike spaces.
A site plan, floor plan and elevations are provided below.

Figure 1 - Site Plan

Figure 2 - Floor Plan of the proposed freezer

Figure 3 - Front and side elevation

background
A development approval for an Industrial Business Type 2 Production, alteration, repackaging & repairing was issued on 30 September 2013.
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 Locality Code
Business Uses Code
Landscaping Code
Engineering 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 use is not changing and works will not result in a substantially different built form;
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 proposal was originally assessed under the superseded planning scheme. The current Noosa Plan 2020 is similar to the superseded scheme with some differences in this instance. In this regard the required number of car spaces for the development has changed and is discussed below in the body of this report.  The Noosa Plan 2020 zoning of Low Impact Industry zone (Hofmann Drive Business and Industry Precinct) better reflects the existing uses and future planning for the location.
The existing Low Impact Industry use is consistent in the new Precinct and is required to follow a code assessment application process.
The new portion of the building is consistent with the existing built form and considered to comply with the relevant built form provisions in the planning scheme.
The applicant requests the following conditions be amended to advance the proposal:
Condition 13 – car parking
13.	A minimum of 26 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business.
Applicant’s Request
The applicant seeks to reduce the total number of car spaces on site by 2 and provide an additional 5 motor bike spaces: resulting in a net loss of 1 car space on site.
The applicant suggests the development has an oversupply of car parking because the existing mezzanines are used for storage (for which car parking has been provided) and is no different to the volumetric space used for floor to ceiling storage shelving for which car parking is not attributed under the planning scheme definition of use area. Therefore, the applicant suggests the existing mezzanine space does not generate any car parking because it has pedestrian access rather than forklift access. The applicant suggests the mezzanine areas are equivalent to 3 spaces.
In addition, the applicant suggests the definition of Use area (the area for which car parking is calculated) excludes the area for the manoeuvring of motor vehicles and in this instance the aisles between storage shelfs which are primarily used for forklifts and scissor lifts to access the higher shelves attribute the equivalent of  5 spaces.
Using the above commentary, the applicant suggests the development is oversupplied of 8 car spaces which far off sets the net loss of 1 car space triggered by the 90m² use area for the freezer.
The building is owner occupied and has been operating from this site for nearly 6 years and the freezer is for expanded storage space with the operations being of a wholesale nature and will not attract additional customers to the site and therefore will not  generate  further car parking. The parking is generally for staff only with limited customers attending the site. The business operates up to 30 staff split across 2 shifts – 4am to 2.30pm and 5.30pm to 11.30pm.
Overtime the existing car parking has been sufficient with an aerial image analysis suggesting that at peak times there is still 20% – 30% of car spaces available and most of the time nearly 50% is available. No parking issues have occurred onsite demonstrating that 24 car spaces and 8 motorcycle spaces are sufficient for the site-specific use.
Assessment of Request
Table 1 below provides an analysis of the required car parking for the proposed development.
Table 1 - Car parking analysis
Proposed Use area 1980m²	Car spaces required	Motorcycle required	Comply
Noosa Plan 2016	27	-	
Noosa Plan 2020	25	8	
Proposed development	24	8 (~ 2 car spaces)	X
The proposal is 1 space deficient when considering both the superseded planning scheme and the Noosa Plan 2020.
While the applicant provides various commentary on the justification for the 1 car space deficiency, the operation is a wholesale business with limited customers attending the site, with the car parking generally for staff. The business has been operating for nearly 6 years without any known car parking issues and the new freezer is for expanded storage without increasing the number of staff on site at any one time.
Although the proposal is 1 car space deficient, based on historical car parking generation, it is considered that 24 car spaces and 8 motorcycle spaces is sufficient to accommodate the number of vehicles generated by the development and therefore determined to meet Specific Outcome O7 of The Noosa Plan 2016 and Performance Outcome O6 of the Noosa Plan 2020.
The location of the freezer has the potential to negatively impact on several cars spaces. The applicant has provided a traffic review from a suitably qualified person that addresses the potential impacts and recommends the widening of a single space (No 24).
Agree to change condition 13 to reference 24 car spaces and 8 motorcycle spaces and the submitted traffic review.

Referrals
The application was forwarded to the following internal Council specialists:
Engineering Officer
conclusion & reasons for decision
The development is 1 car space deficient, however, the business (owner occupier) is a wholesale operation where limited customers attend the site. The parking is primarily for staff and the proposed freezer will not result in additional staff. It is considered the proposed 24 spaces and 8 motorcycle spaces are sufficient for the site specific use and recommended to be supported subject to the following amendments to condition.
RECOMMENDATION
With regard to Application No. MCU13/0098.01, to make a minor change to an existing approval for a new freezer situated at 81 Rene St Noosaville Qld 4566 described as Lot 3 SP 244573, Council on 24 September 2020 decided to:
A.	Agree to amend condition 13 to read as follows:
13.	A minimum of 24 car parking spaces and 8 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. The layout must include the additional works (widening of carspace 24) as described in the Traffic Review prepared by BMC Traffic reference BMC21026 dated 10 September 2020.
B.	 Amend Item 6 and Item 7 of the Decision Notice to read as follows:

Item 6
The following plans are Approved Plans for the development:

Approved Plans
Plan No.	Rev.	Plan Name	Date
DA03	B	Mezzanine Plan, prepared by Soul Space Building Design	14 June 2013
DA04	C	Roof Plan, prepared by Soul Space Building Design	12-Nov-13
DA05	C	Elevations, prepared by Soul Space Building Design	12-Nov-13
Additional Plans September 2020
SK.00	C	Site Plan, prepared by Zest Design	10/09/2020
SK.01	B	Floor Plan & Section, prepared by Zest Design	09/07/2020
SK.02	A	Elevations, prepared by Zest Design	09/07/2020

Item 7
The following documents are referenced in the assessment manager conditions:

Referenced Documents
Document No.	Rev.	Document Name	Date
2783-2		Stormwater Drainage and Quality, prepared by Construction Hydraulics	11-07-13
2783-3		Stormwater Quality Details, prepared by Construction Hydraulics	11-07-13
2783-4		Stormwater Quality Maintenance, prepared by Construction Hydraulics	11-07-13
A3		Landscape Design 2 Planting Layout, prepared by Greenscapes Nursery & Design	12/09/2013
Additional Reference Document September 2020
BMC21026		Traffic Engineering Review of Car Parking Changes, prepared by BMC Traffic	10 September 2020
C.	Note the report is provided in accordance with Section 83(9) of the Planning Act 2016.

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