Cover Letter - Minor Change Application

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Figure 1 – Aerial Photograph of Site and Surrounding Area



Development History:

•    On 12 June 2003, Council approved an extension to an existing shop, comprising an additional 25m² of
     gross floor area. Condition 10 of the approval required the payment of a monetary contribution in lieu of
     one additional car parking space. This approval was not acted upon.

•    On 20 May 2004, Council refused a subsequent application seeking to provide the second required
     car park on-site in lieu of paying the monetary contribution.

•    On 19 May 2005, Council approved a minor change application proposing a 20m² (3.39m x 5.9m)
     professional office as an extension to the existing shop located at the western end of the site. The
     proposed use was broadly consistent with the 25m² shop extension approved in 2003. This approval
     was also not acted upon.

•    On 1 June 2006, Council approved a further minor change application to reduce the size of the
     approved shop extension from 25m² to 20m² (23185 DA). This approval also sought the deletion of
     Condition 10, which required a monetary contribution for car parking. Council approved the deletion of
     Condition 10, as well as an amendment to Condition 1 (approved plans). The approved plans
     associated with this change are shown in Figure 2 below.

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Figure 2– Approved Plans (23185 DA)


The Proposal
This minor change application seeks approval for an extension to the existing shop to facilitate the
installation of a cold room at the rear of the existing building. The proposed cold room will measure
approximately 9.455 metres by 4.2 metres, with a total gross floor area (GFA) of 39.71m² and a maximum
height of 2.8 metres. It will also incorporate a covered awning over for weather and shade protection.

The purpose of the extension is to enable a more functional internal layout, with the cold and dry storage
areas relocated to the rear of the premises—thus enabling the primary frontage of the shop to activate the
adjoining park through the inclusion of a servery window, juice bar, gelato display, and the main customer
entrance.

In accordance with Council’s car parking requirements (1 space per 20m² of GFA), the additional floor area
generates a requirement for two additional on-site car parking spaces. However, due to existing site
constraints, it is not feasible to accommodate additional car parking on the premises.

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Accordingly, the applicant seeks to make a monetary contribution in lieu of providing two car parking
spaces, consistent with Noosa Council’s Policy for Contributions in Lieu of the Provision of Onsite Car
Parking.

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




Figure 3 – Proposed Site Plan




Figure 4 – Proposed Floor Plan




Figure 5 – Proposed West Elevation

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

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Changes to Plans/Conditions of Approval

As a result of approving the proposed changes, the following changes to the Approved Plans and
Conditions of the Development Approval would be required:

Condition 1

Condition 1 would need to be changed to include the following list of approved plans, being:

Approved Plans
 Plan No.      Rev.      Plan/Document Name                                                    Date
 101           P2        Site Plan, prepared by Hiller                                         23.05.25
 102           -         Floor Plan Overall Proposed, prepared by Hiller                       23.05.25
 313           P4        External Elevations, prepared by prepared by Hiller                   23.05.25



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 in that:
             o it does not involve a new use;
             o it does not result in the application applying to a new parcel of land;
             o it will not dramatically change the built form in terms of scale, bulk and appearance as the
                  proposal involves a minor building extension >50m2 located at the rear of the premises and
                  will not be visible from Maple Street;
             o it will not change the ability of the proposed development to operate as intended;
             o it will not remove a component that is integral to the operation of the development;
             o it will not significantly impact on traffic flow and the transport network as it involves a minor
                  expansion of an existing shop and monetary contributions will be paid in lieu of providing
                  physical car spaces which will improve Council’s public transport infrastructure;
             o it will not introduce new impacts or increase the severity of known impacts;
             o it will not remove an incentive or offset component that would have balanced a negative
                  impact of the development; and
             o it will not impact on infrastructure provisions.
    + 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:

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(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;

1997 Strategic Plan

The original development application for the shop was made in 2003 and assessed against the 1997
Strategic Plan.

The subject site is designated Business Centre, Preferred Dominant Land Use (PDLU) in the Cooroy locality.

The relevant objectives state:

7.3.1       Encourage the consolidation of the Cooroy Business Centre.

7.3.2       Enhance the attraction of the Cooroy Business Centre by reducing through traffic and creating safe
            and more attractive pedestrian environment.

7.3.3       Maintain an appropriate streetscape character within the Cooroy Business Centre.

The proposed development is generally consistent with these requirements because:

        + The proposed shop is located within the Cooroy Business Centre, and the extension will support
            the ongoing consolidation of commercial activity within the Centre, consistent with Strategic
            Objective 7.3.1.

        + The proposal maintains existing pedestrian pathways along Maple Lane and does not increase
            vehicle access or traffic movements. By providing a monetary contribution in lieu of on-site car
            parking, the proposal supports a safe and pedestrian-focused environment, consistent with
            Strategic Objective 7.3.2.

        + The proposal involves the enhancement and adaptive reuse of an existing commercial building.
            The design and scale of the extension are sympathetic to the established built form and character
            of the Cooroy Business Centre, thereby maintaining and enhancing the streetscape in accordance
            with Strategic Objective 7.3.3.

Noosa Plan 2020

The site is a located within the District Centre Zone under the Noosa Plan 2020 (the Noosa Plan). Pursuant to
Table 5.5.7 of the Noosa Plan, a Shop is ‘code assessable’ and assessable against the following codes:

+         Cooroy Local Plan Code
+         Local Centre Zone Code
+         Business Activities Code
+         Works Codes

The following overlays are also applicable and comment against each is provided below:

+         Flood Hazard Overlay Code (Flood Inundation Area)

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+        Heritage and Character Overlay (Character Area)


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

    Building height
                                2 storeys max                     1 storey                         ü
    •   storeys                 8 metres                          2.8m                             ü
    •   metres
    Setbacks
    •   side (south)            0m                                5m                               ü

    Carparking                  1 space per 20m2 GFA              Contributions in lieu of 2       ü
                                (2 spaces)                        spaces


 Flood Hazard Overlay Code




 Figure 6 – Flood Hazard Overlay Map

 Comment

 Portions of the site, including areas within the proposed building footprint, are identified as being subject to
 flood inundation, as shown in Figure 6 above. A flood search certificate confirms that the 1% Annual
 Exceedance Probability (AEP) level—defined as the Defined Flood Event (DFE)—is 107.2m AHD. In
 accordance with applicable flood planning controls, the minimum finished floor level for development on
 the site is DFE + 0.3m, or 107.5m AHD.

 The proposed storeroom addition will be constructed at a floor level consistent with the existing shop,
 which is approximately 107.2m AHD.

 It is submitted that the proposal satisfies Performance Outcome PO1 of the applicable Flood Hazard
 Overlay Code, as it will maintain the safety of people and minimise risk to property in the event of a DFE,
 for the following reasons:

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   +       The storeroom constitutes minor building work with a total area of less than 50m² and will match
           the finished floor level of the existing shop;
   +       The storeroom will remain flood-free during events up to and including the 1% AEP event;
   +       The storeroom is to be constructed as a sealed container, thereby minimising the potential for
           water intrusion; and
   +       The container can be easily cleaned following a flood event, and any goods stored within can be
           elevated above floor level to mitigate potential water damage.


 Heritage Overlay Code




 Figure 7 – Heritage and Character Area Overlay



 The site is located within a mapped Character Area, which includes all buildings fronting Maple Street, as
 illustrated in Figure 7 above.

 It is submitted that the proposal complies with the relevant acceptable and/or performance outcomes of
 the applicable code for the following reasons:

       + The existing character building fronting Maple Street will be retained and protected as part of the
            development;
       +    The proposed extension is modest in scale, located at the rear of the premises, and will not be
            visible from Maple Street. As such, it will remain compatible with the existing setting and the
            valued streetscape character of the area.



Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016 and
appropriately responds to the provisions and intent of both the 1997 Strategic Plan for Noosa and the Noosa
Plan 2020. Overall, it has adequately been demonstrated that the proposed changes comply with the

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performance and/or overall outcomes of the relevant codes and will maintain and positively contribute to
the character of Cooroy. Consequently, the minor change application should be supported.



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.