DA Report Change Development Approval MCU14/0102.06

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU14/0102.06
	
Author:	Lisa Pienaar
	
Project Director:	Lisa Pienaar - Development Planner
	

APPLICATION DETAILS
Application Number:	MCU14/0102.06
Applicant:	Mr Allister Sarris
Request Received Date:	15 June 2017
Original Approval Type:	Development Permit for Material Change of Use of Premises for Industrial business Type 1 Warehouse; Industrial business Type 2 Production, alteration, repackaging & repairing; Retail business Type 2 Shop & salon; Retail business Type 5 Vehicle uses; Retail business Type 6 Hardware store; and Entertainment & dining business Type 1 Food & beverages Development Permit for Operational Works (Signage)
Number of Submissions for Original Application:	14 submissions were received

PROPERTY DETAILS
Property Address:	139 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description:	Lot 4 SP 159610
Existing Use of Land:	The site is developed containing a service station, convenience store and restaurant, industrial and warehouse type uses with associated car parking.

STATUTORY DETAILS
Planning Scheme:	The Noosa Plan (28 October 2016)
Planning Locality:	Noosaville Locality Industry zone
Planning Zone:	
Assessment Type:	Change to Approval - Impact

PROPOSAL:

The application seeks approval for additional floor area of 67m2 constructed as a mezzanine level within the existing Trade Tools tenancy (Refer Figure 2). The existing floor area is 995m2 within the Shop 1 and 2 tenancy shown in Figure 1 (dashed area).

Figure 1 – Shop 1 & 2

Figure 1 – proposed mezzanine level
[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:
The site is developed and all tenancies have been filled.  The Total Tool tenancy consists of 2 tenancies originally approved for Industrial Type 1 or 2 OR Retail Business Type 6.

MCU14/0102 A Development Permit for Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage was issued on 4 June 2015 and took effect on 10 August 2015.
At the time, the original application was publicly notified 14 properly made submissions were received (1 objection and 13 in support). The objection was primarily concerned with car parking, traffic generation, fuel storage and the financial viability of existing food outlets.
MCU14/0102.01 On 24 September 2015 Council approved a change to the approval which primarily consisted of including a vehicle drive through to the rear of the food outlet and minor changes to floor areas and car parking.

MCU14/0102.02 On 23 October 2016, Council approved a change to the approval to remove Retail Business Type 6 – Hardware Store from the Material Change of Use approval.

MCU14/0102.03 On 14 March 2016, Council approved a change to the approval for minor built form changes to the entertainment and dining business use and changes to the signage on site.

MCU14/0102.04 On 26 August 2016, Council approved a Material Change of Use to include a showroom within the commercial complex.
MCU14/0102.05 - Request to make a change to the existing approval, Council on 21 March 2017decided to include Retail Type 6 Hardware affecting Shop 1 & 2.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because the additional floor area is within the existing building footprint and tenancy and the increase in floor area is generally minor in nature;
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission because the additional floor area is within the existing building footprint and tenancy and the increase in floor area is generally minor in nature;
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:
The proposal is to increase the floor area by 67m2 through the installation of a mezzanine level in a current tenancy, being a hardware use. The plans indicate this space will be for the office associated with the Total Tools business. The main consideration for this application is the provision of car parking on site.

Car parking
There are 63 car spaces (including waiting bay) and 7 motorcycle spaces approved/constructed on site for 2613m2 of approved GFA. Car parking rates for the site are as follows:

Approved use and GFA	Car parking rate	Required car spaces
Food and beverage– GFA is 158m2. Assumption is made the minus kitchen and storage space that the ‘use’ area is 120m2.	1 space per 10m2 (excluding kitchen and storage)	12
Service Station and Shop – GFA 224m2	Minimum 5 spaces (or 4 spaces per service bay – no bay relevant to this use)	5
Industrial Type 1 or 2 - GFA 602m2	1 space per 50m2 (Type 1) and 1 space per 50m2 up to 500m2 and 1 space per 100m2 in excess of 500m2	11 or 12 spaces depending on industrial type
Retail Business Type 4 Showroom or Industrial Type 1 or 2 – GFA 644m2	1 space per 50m2	13
Industrial Type 1 or 2 – GFA 995m2 (2 tenancies – Total Tools)	1 space per 50m2	20
Total of car spaces required for uses approved on site	61/62

Based on the number of approved/constructed car spaces on site and the above calculation, there is 1 to 2 car spaces available on site. The additional floor area would generate an additional 1.34 car spaces. It is worth noting that the intent for this tenancy is to use the additional space for an office associated with the business and not as use area. However it is acknowledged that this area should be considered as the use area, for the purposes of car parking. This additional GFA generally complies with the car parking requirements of the original approval. Therefore, the change request is supported.

The plans supplied show a pylon sign which is not supported and is not approved as part of this application. The plans will annotated as required.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU14/0102.06 situated at 139 Eumundi Noosa Rd NOOSAVILLE  QLD  4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:

A.	Change Condition 2 to include an additional 2 plans in the approved plan table in Condition 2Note: insert condition numbers

Plan No.	Rev.	Plan/Document Name	Date
DA-01-01	V	Site layout, prepared by Powe Architects	17/02/2016
DA-01-02	J	Site – Roof & Signage Location Plan, prepared by Powe Architects	25/02/2016
DA-02-01	G	Floor Plans, prepared by Powe Architects	25/02/2016
DA-02-02	E	Floor Plans, prepared by Powe Architects	17/02/2017
DA-03-01	G	Elevations, prepared by Powe Architects as annotated by Council	15/11/2016
DA-03-02	G	Sections, prepared by Powe Architects	15/11/2016
SD-01	F	Landscape Concept Plan and Section, prepared by DFS Group	05/08/2015
SD-02	F	Landscape Detail Plan and Elevation, prepared by DFS Group	05/08/2015
SD-03	F	Design Intent & Suggested Plant Palette, prepared by DFS Group	05/08/2015
SK07	P8	Prop. Building Elevations & Perspectives, prepared by Verve Building Design & Concepts	22/02/2016
WD01	Q	Proposed Tenancy Plan, drawn by Sarris Architecture	7 June 2017
WD02	-	Proposed Category Layout Plan, drawn by Sarris Architecture	January 2017

B.	Include additional Advisory Note 19 to read as follows:

This “Change to an Existing Approval” will trigger an Infrastructure Charges Notice to be issued in accordance with Council’s “Charges Resolution” made pursuant to the Sustainable Planning Act 2009 and in conjunction with the State Planning Regulatory Provision (adopted charges).

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