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Cover Letter - Minor Change Application

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Date: 5 October 23


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Via Email ([email protected])

Dear Sir/Madam

RE:    Request for Minor Change to Development Approval (MCU16/0070) relating to a Development
       Permit for Material Change of Use of Premises - Commercial Business Type 3 - Veterinary at 69
       Mary Street, Noosaville described as Lot 1 RP 64833

In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change
to the Development Approval (MCU16/0070) at the abovementioned property.

This request is made on behalf of Petrus Serfontein and Colette O'Donnell as trustees for the P&C
Serfontein Trust, being the owners of the premises.

In support of the application, please find enclosed:
     + Planning Act Form 5; and
     + Proposal Plans (Attachment 1);

Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.

Background

The subject site is located at 69 Mary Street, Noosaville described as Lot 1 RP 64833. The site is a
rectangular shaped parcel of land that is located on the corner of Mary Street (north) and Reef Street (east).
The site is flat and has an area of 536m2.

On 23 June 2016 Council issued a Development Permit for Material Change of Use of Premises –
Commercial Business Type 3 – Veterinary over the site. The approval involved utilising an existing 2 storey
building on the premises for the purpose of the veterinary clinic. The ground floor would be a
reception area with three consultation rooms and a pharmacy to the rear. The first storey would be
converted into a theatre, prep room, dog kennel, cattery and staff room. Existing landscaping, car parking,
manoeuvring and access areas will be retained in situ. The carparking arrangement included a total of 8
spaces, with 3 spaces being ‘in tandem’ layout along the driveway exit to Mary Street. These would be
reserved for staff parking.
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Page 2

BRENNAN PLANNING

   

ot Seis oes

Figure | - Aerial Photograph of Site and Surrounding Area

    
  
 

 

Y STREET, A
MARY STREET B <0
IN
ys
my

| I

EXISTING STAFF |

PARKING

EXISTING BUILDING NO

EXTERNAL CHANGES

REEF STREET

SITE
1200

Figure 2- Approved Site Plan

EXISTING VISITOR PARKING

Page 3

The Proposal
The proposed application seeks an approval to make minor changes to the existing approval, which would
include:
     • Altering and expanding the ground level to include an additional consult room, lift and improve the
         layout of the floor area (8.5m2 increase in GFA);
     • Altering and expanding the upper level, to include an X-ray room, office laundry and improve the
         layout of the floor area (54m2 increase in GFA); and
     • Providing a new vehicular crossover to Mary Street in the northwest corner of the site to improve
         the function of the carparking area.
As a result of the changes, the proposed use would comprise a total GFA of 240m2.

Figures 3 – 6 below illustrate the proposed site layout and, floor areas and building form to the street
frontages.




Figure 3 – Proposed Site Plan

Page 4

Figure 4 – Ground Level Additions and Alterations




Figure 5 – Upper Level Additions and Alterations

Page 5

Figure 6 – Street Facing Elevations

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Plans/Conditions of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice. It is considered that no other change to the approval
would be necessary.

Approved Plans
 Plan No.                Rev.         Plan/Document Name                                    Date
 A100                    -            Site Plan, prepared by Steve Campbell Design          10/05/2023

 A300                    -            Proposed Ground Floor Plan, prepared by Steve         10/05/2023
                                      Campbell Design
 A301                    -            Proposed Upper Level Plan, prepared by Steve          10/05/2023
                                      Campbell Design
 A400                    -            Elevations, prepared by Steve Campbell Design         10/05/2023

Statutory Process and Assessment Requirements

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 additions and alterations to an existing veterinary clinic ;
    + 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
    + The proposed change would not require notification under the Noosa Plan 2020.

For the 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.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application the assessment
manager must consider:

Page 6

(2)(da) all matters the responsible entity would or may assess against or have regard to, if the change
application were a development application.

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;

The original development application for the veterinary use was properly made on 15 June 2006. The
Noosa Plan 2006 was in effect at the time that the application was properly made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
A veterinary use is code assessable under both planning schemes and they include similar provisions in
relation to built form requirements including height, setbacks and gross floor area and site cover. It is
considered that weight should be afforded to the Noosa Plan 2020 when assessing the proposed changes,
as this document sets out the current planning intent for the Shire over the next 20 years.

An assessment against all matters the responsible entity would or may assess against or have regard to, if
the change application were a development application is provided in the sections below.


Framework for Assessment

Categorising Instruments for Statutory Assessment

In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may contain
assessment benchmarks applicable to development applications:
+      the Planning Regulation 2017
+      the Planning Scheme for the local government area
+      any temporary local planning instrument
+      any variation approval

Of these, the planning instruments relevant to this application are discussed below:

Assessment Benchmarks Related to the Planning Regulation 2017

The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the application must
be carried out against, which are additional or alternative to the assessment benchmarks contained in
council’s Planning Scheme. These assessment benchmarks may be contained within:
    • the SEQ Regional Plan;
    • Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
         Planning Scheme; and
    • Schedule 10 of the Regulation.

An assessment against the applicable benchmarks contained within the Planning Regulation is provided
below:

SEQ Regional Plan

The subject site is located within the Urban Footprint under the SEQ Regional Plan (SEQRP). A veterinary
use consistent with the goals, elements and strategies for the Urban Footprint designation.

Page 7

Part E of the State Planning Policy

The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests relating
to development assessment are set out in Part E of the document and are under five broad themes. The
Noosa Plan 2020 appropriately integrates all of the SPP provisions relating to the site.

Assessment Benchmarks Related to the Planning Scheme

The site is a located within the District Centre Zone under the Noosa Plan 2020. Pursuant to Table 5.5.6.1 of
the planning scheme, a veterinary service is ‘code assessable’ and assessable against the following codes:

+        Noosaville Local Plan Code
+        District Centre Zone Code
+        Business Activities Code
+        Works Codes

The proposed development remains generally compliant with the applicable assessment provisions under
the Noosa Plan 2020. An assessment against the key requirement contained within the Noosa Plan 2020 are
provided below:

    Criteria                   NP 2020                          Proposal                        Complies

    Site Area                  -                                538.86m²                        NA
    Gross floor area           Max 300m2                        240m²                           ü

    Landscaped open space      10% min                          20%                             ü

    Landscaping Setbacks       2m minimum width                 Minimum width of 2m for         ü
                                                                predominant portion of area

    Building height
                               2 storeys max                    2 storey                        ü
    •   storeys                8 metres                         7.227metres                     ü
    •   metres
    Setbacks
    •   front                  6m                               No change                       ü
    •   side (west)            0m                               0.2m to upper level             ü
                               0m                               No change                       ü
    •   side (south)
    Carparking                 1 space per 20m2 GFA             12 spaces                       O


Carparking

The proposed additions would trigger the requirement for 1 additional car parking space to be provided
onsite. The applicant seeks to provide a monetary contribution in lieu of physically providing this space in
accordance with Council’s “Contributions in Lieu of the Provision of Onsite Car Parking Policy”. Consequently,
the use would provide sufficient parking to meet its demand and having consideration to the availability of
alternative parking and transport opportunities provided.

Page 8

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.

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