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Request Letter 16Oct15 (00020370)
Attached to the e-mail MCU14/0102.02 Change to existing approval.
Your Ref: MCU14/0102 & OPW15/0051 Our Ref: 14124 / 16559pf.tf 16 October 2015 The Chief Executive Officer Noosa Shire Council Via: [email protected] Attention: Mr Glen Conforti Dear Sir, Request for a Permissible Change to the Development Permit for Material Change of Use 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 and Development Permit for Operational Work (Signage) on land at 139 Eumundi Noosa Road & 30 Lionel Donovan Drive Noosaville being legally described as Lot 4 SP 159610 & Lot 31 SP 170751 (Council reference: MCU14/0102 & OPW15/0051) In accordance with section 369 of the Sustainable Planning Act 2009 (SPA), our client, Empirica Developments Pty Ltd, hereby requests a Permissible Change to the Development Permit for Material Change of Use and Operational Work described above. We have also taken the opportunity to make the specified plan amendments set out in the approval and include these additional plans for approval – these largely related to the OPW Signage component of the approval. The original approval was issued by the Noosa Shire Council via a Decision Notice dated 9 June 2015. A recent request to change that approval was issued via Change to an Existing Approval notice dated 28 September 2015. 1.0 Form and Fees Please find enclosed the following: a Request to Change an Existing Approval form, duly completed; and, a revised site layout plan and floor plans (2) prepared by Powe Architects, included as Attachment A. Once receipt of the request has been confirmed, we will arrange payment of the application fee.
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Page 2
2.0 Proposed Changes to Approval
The applicant seeks to remove the Retail Business Type 6 Hardware store
component from the development permit. The applicant does not now believe
that there will be a prospect in the short or long term to attract a hardware
tenant to this development. This is also weighed against the significant cost
associated with the infrastructure charges applicable to the Hardware use (refer
the amended infrastructure charges notice dated 25 September 2015).
To remove approval for the Retail Business Type 6 Hardware store component,
reference to the use must be removed from the decision notice and endorsed
plans. Specific changes are outlined below and include amendments to section
2 of the Decision Notice, a change to condition 2 and amended plans.
2.1 Change to Decision Notice
It is requested that Council delete reference to ‘Retail Business Type 6 Hardware
store’ in Section 2, Decision Details in the Change to an Existing Approval
decision notice (dated 28 September 2015). Appendix A shows a marked up
version of the relevant page of the notice reflecting the requested change.
2.2 Change to Conditions
Material Change of Use Conditions
Condition 2 currently reflects the endorsed plans of development. It is requested
that the condition be amended to reflect the new proposal plans as follows:
Plan No. Rev. Plan/Document Name Date
DA-01-01 KL Site layout, prepared by Powe 14/08/2015
Architects 9/10/2015
DA-01-02 FG Site – Roof & Signage Location 1/04/2015
Plan, prepared by Powe Architects 16/10/2015
DA-02-01 EF Floor Plans, prepared by Powe 14/08/2015
Architects 9/10/2015
DA-02-02 CD Floor Plans, prepared by Powe 14/08/2015
Architects 9/10/2015
DA-03-01 D Elevations, prepared by Powe 14/08/2015
Architects
DA-03-02 D Sections, prepared by Powe 14/08/2015
Architects
SD-01 F Landscape Concept Plan and 05/08/2015
Section, prepared by DFS Group
SD-02 F Landscape Concept Plan and 05/08/2015
Elevation, prepared by DFS Group
SD-03 F Design Intent & Suggested Plan 05/08/2015
Palette, prepared by DFS Group
October 2015 Empirica Developments Pty Ltd – Permissible Change Request Page 2
Page 3
Operational Works Conditions
Condition 1 of the OPW conditions need to be amended to reflect the
amended proposal plans as follows:
Plan No. Rev. Plan/Document Name Date
DA-01-02 FG Site – Roof & Signage Location Plan, 1/04/2015
prepared by Powe Architects 16/10/2015
DA-05-01 CE Signage Schedule, prepared by Powe 1/04/2015
Architects 16/10/2015
Condition 3 of the Operational Works (signage) conditions may need some
minor rewording to remove the requirement to amend the plans given the
specified amendments have now been undertaken and submitted with this
application.
2.3 Change to Endorsed Plans
To reflect the proposed change, the approved plans have been amended to
remove all reference to ‘Retail Business Type 6’. A copy of these amended
plans, prepared by Powe Architects, are included in Attachment B.
Attachment B also contains the amended plans that account for the required
amendments mentioned above.
3.0 Sustainable Planning Act 2009
The proposed changes comply with the definition of a “permissible change” as
defined in the Sustainable Planning Act 2009. The Act permits an assessment
manager to consider a change to an approval where the change is a
“permissible change”. The definition of "permissible change" is as follows:
“1) A permissible change for a development approval, is a change to
the approval that would not-
(a) result in a substantially different development; or
(b) if the application for the approval were remade including
the change-
(i) require referral to additional concurrence agencies;
(ii) for an approval for assessable development that
previously did not require impact assessment - require
impact assessment; or
(c) for an approval for assessable development that
previously required impact assessment - be likely, in the
responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed
change, it the circumstances allowed; or
(d) cause development to which the approval relates to
include prohibited development”
October 2015 Empirica Developments Pty Ltd – Permissible Change Request Page 3
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In relation to the above definition, it is relevant to note the following:
- the changes proposed do not result in a substantially different
development, involve new uses or new land and will not result in any
changes to the built form;
- there were no referral agencies for the original application. If the
application were remade including the change, the proposed changes
would not require referrals to concurrence agencies;
- the original application was impact assessable. Only one objection was
recorded against the application. That objection was primarily
concerned with parking supply associated with the possible tyre and
mechanical shop. An additional parking space was provided as part of
the previous request to change (adjacent to tenancy 4). The changes
would not likely cause a person to object; and
- the proposed amendments do not involve prohibited development.
For these reasons it is considered that the proposed changes constitute a
Permissible Change to the approved development. On this basis it is considered
that the request can be dealt with pursuant to sections 369 – 377 of SPA. We
look forward to Council’s decision on this request.
Please do not hesitate to contact the writer on 5443 5566 should you have any
queries.
Yours faithfully
DFS Group
Peter Folker
Director
Att: Attachments A & B
cc: Empirica Developments Pty Ltd
October 2015 Empirica Developments Pty Ltd – Permissible Change Request Page 4