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Permissible change request
Attached to the e-mail Permissible Change Request - Tewantin RSL - MCU16/0079.01.
29 May 2017
Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565
via email: [email protected]
ATT: Kerri Coyle
Request to Change an Existing Development Approval
Pursuant to Section 369 of the Sustainable Planning Act 2009
5 Memorial Avenue, Tewantin
Dear Kerri,
Planit Consulting has been engaged to submit a Request to Change a Development Approval application made pursuant
to section 369 of the Sustainable Planning Act 2009. This application is submitted in relation to a development approval
for the extension to the existing RSL Club at the above address. The legal description of the site to which this application
relates is Lot 3/T16319 and Lot 10/SP273411. Council’s reference to the application is MCU16/0079.
This proposal seeks to change an existing development approval made pursuant to Section 369 of the Sustainable
Planning Act 2009.
As detailed in section 369 of the Sustainable Planning Act 2009, the Assessment Manager must be satisfied that the
subject change constitutes a ‘Permissible Change’. The Act defines ‘Permissible Change’ as follows:
“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; or
(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, if the circumstances allowed; or
d) cause development to which the approval relates to include any prohibited development.”
In preparing this report, we have undertaken a detailed review of Statutory Guideline 06/09 - Substantially different
development when changing applications and approvals.
As such, based on this review, we are satisfied that the amendments requested through this application do not result in
sustainably different development, being the first and most critical statutory test in determining a permissible change.
We have undertaken a detailed review of Schedule 7 of the Sustainable Planning Regulation 2009, from this review the
applicant does not consider the proposed amendments to the existing development approval will trigger any new referral
agencies.
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Page 2
In addition, we have also determined that the proposed amendments do not cause the development to which the
approval relates to include any prohibited development.
As such, it is our view that the proposed changes to the development constitute a permissible change pursuant to Section
369 of the Act.
The changes in which we seek are highlighted on the amended plans included with this Permissible Change request.
They include:
- New Lift omitted in Basement (BA) and Ground Floor (GF)
- GF Pallet store omitted
- Planter boxes in front of pallet store omitted
- Generator location amended (turned and moved slightly to improve manoeuvrability)
- Bins moved into new service yard
- Gas bottles relocated from GF to Basement area adjacent to existing transformer
- GF car park amended and 3 additional car parks added
- Delivery gate set back, new fence added around service yard and generator
- 3 car parks in existing basement omitted and replaced with new pallet store
- Hoist omitted
- Wall adjacent to fire hydrant booster extended to comply with fire regulations (located at BA car park entry).
- Shared access path to lift in basement omitted
- Omitted two disabled car parking bays in existing basement (note, third one has to be amended, it is in a
different location – see below)
- Pop up roof moved up by 300mm (to make the connection between roof and wall of the plant deck work better)
- Section – moved plant deck in correct location to reflect plans
- Updated GF car park balustrade to correct level – car park requires car barrier, which is 1300mm high
- Amended windows in children’s lounge to full height
- Wall around plant deck extended to top of plant
- Replaced weatherboard wall section with aluminium battens in south elevation (to create bigger opening).
The following are the requested changes to the conditions of approval.
Amendment to Condition 2
The table of condition 2 is to be amended as follows to update the plans of development relative to the above changes.
Plan No. Rev. Plan/Document Name Date
1620/DA/1.02 D Existing/Demolition Ground Floor 15/05/17
1620/DA/2.01 K Proposed Basement Plan – Stage 4 15/05/17
1620/DA/2.02 H Proposed Ground Floor Plan – Stage 4 15/05/17
1620/DA/2.05 H Proposed Roof Plan – Stage 4 15/05/17
1620/DA/3.01 E Sections – Stage 4 30/01/17
1620/DA/4.01 H Elevations – Stage 4 30/01/17
1620/DA/5.01 E Landscape Concept Strategy – Plan 30/01/17
1620/DA/5.02 C Landscape Concept Strategy 30/01/17
Page 3
The removal of the palette store results in improved onsite car parking and manoeuvering and the current storage area
within the basement remaining. In terms of addressing persons with disabilities, the access to the club for PWC are to
remain as it currently stands.
Amendment to Condition 9
Condition 9 to be updated to reflect the more recent plan of development from Revision F to Revision H and read as
follows:
The landscape planter boxes shown on the proposed ground floor plan Drawing No. 1620/DA/2.02 revision H
dated 15/05/17 at the rear podium car park must provide for a minimum soil depth and width of 600mm and
incorporate appropriate drainage and plumbed irrigation. The landscape planter boxes must be located
immediately adjacent the approved building as shown on the Landscape Concept Strategy – Plan 1620/DA/5.01
Rev E dated 30/01/17.
Deletion of Condition 12
This condition results with requirements to provide timber screens rafters and battens, rather than the Aluminium faux
timber styled materials. We consider this condition to be unreasonable as the club is a not-for-profit entity and the
ongoing maintenance, repair and costs involved with real timber for these elements is not a sustainable nor desirable
outcome. Furthermore, a thin enough timber to fit within the window sill presents an issue of security for the building in
that a timber version of these products would not sustain a storm event nor undesirable attempts to break and enter the
premises.
It is considered that the intent of this condition is not to create a security issue for the not-for-profit club, but to ensure
the materials are in keeping with the heritage character of the area, as such the material can be provided to council prior
to its installation to ensure that the council’s satisfaction is provided in review of the materials concerned in relation to
the character of the locality. We look to council’s support for the removal of this condition in light of these findings.
Should you have any further queries in relation to this proposal please call the undersigned on 02 6674 5001.
Regards,
Simon Halcrow
Senior Town Planner
Planit Consulting Pty Ltd
Enc
-Amended Plans
-Council Form
Page 4
ae Request to Change Existing Approval and/or
e NOO COUNCIL Extension to Relevant Period
Sustainable Planning Act 2009
ALL questions MUST be completed unless the form indicates otherwise.
| This form must be submitted to Council accompanied by the applicable fee.
Attach extra pages if there is insufficient space on the form.
lf Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then: -
(a) a request to change the development approval and/or conditions is made to the Court; and
(b) a request to extend the relevant period for the approval is made to Council.
All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
2009.
Full name — individuat or company Maat Cmae tick wy,
Contact Name —forcompany Sjrrorw +Helealerory
Postaladdress (0 (Zoe (erg
Suburb anascu, CE State by Postcode 2 <¢ +
Business phone 02 (G++ Joe; | A/H phone Mobile
Email address sip... Planikcousn Way. eran Fax
2. Details of existing approval
Type of approval (please tick ALL applicable categories) Which entity issued approval?
Development Permit O Council
Preliminary Approval Ol Other entity — please specify
Compliance Permit
Material Change of Use
Reconfiguring a Lot
Operational Works
Building Works
Plumbing or Drainage Works
Compliance Certificate
Environmentally Relevant Activity
Application number/council reference mW CJ | | OO 7A Date issued {« { 02] re
Is the approval for a mobile and temporary ERA? O No O Yes — complete below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating
Hoooaoaganao ag
Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is authorised to collect
this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your personal information is only accessed by
persons authorised to do so. Your personal information is dealt with in accordance with council's privacy policy.
www.noosa.qid.gov.au [email protected] T 07 5329 6500
PO Box 141 Tewantin Qld 4565 ABN 97 969 214 121
Page 1 of 4
Page 5
3. Nature of request (please tick ALL applicable categories) Ol To change the development NN” To change the development O To extend the relevant period approval conditions before lapsing Please attach documentation outlining the detail of and the reasons and justification for the requested change or extension. 4. Location of the premises Unit No. StreetNo “S Street Mer eiel AWK Suburb ‘T.@ Yoh. State Q- Postcode GEG 3 T IGZUN to SPIAZLU 5. Concurrence Agencies Was there one or more concurrence agencies involved in the original approval? Eto O Yes-provide details below Note — Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all concurrence agencies. Concurrence Agency Date copy given 6. Pre-request response notice Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request? No O Yes If yes, please attach a copy of the notice. 7. Owner's consent Is the owner’s consent required for this request? EAN O Yes— complete either Table A or Table B below Note — If more than one owner of the land all owners’ details are required Ole el ae eee leh ioCre moat) Table B — owner's consent provided on form Owner's name/s Owner’s name/s IWe, the above-mentioned owner/s of the land, consent O The owner's written consent is attached. to the making of this request. Signature/s Date Page 2 of 4
Page 6
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.
However, owner's consent is not required if the approval:
- felates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
application for the approval was made; or
- 4s for building work or operational work for the supply of community infrastructure on land designated for the community
infrastructure; or
- the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is satisfied that:
- the number of owners of the land make it impractical to obtain owners’ consent, and the requested change does not materially
affect the owners’ land; or
- having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?
No
Nature of State owned resource:
Nature of Evidence required:
O Evidence of allocation of / entitlement to, the resource 1 Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.
9. Declaration of applicant
\We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with Council. Should any of the details given in relation to this application be changed in the future, the
applicant shall advise Council in writing prior to any such change being implemented.
Signature/s 2 —<———— Date I/ 6 / (Ee
O Yes — complete below details
Page 3 of 4
Page 7
OFFICE USE ONLY
Application no. | Amount paid Date paid Receipt no. Initial Date stamp
Receiving Officer
Payment options
In person 9 Pelican Street, Tewantin: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail Cheque or money order to be made payable to Noosa Council.
O Cheque O Money order O Mastercard O Visa
Card number Expiry date Amount $
Name on card Signature of cardholder
Phone Is a receipt required? O Yes OONo
All payments made by credit card will incur a 0.50% surcharge {exempt of GST) to reflect the cost of fees charged for credit card
transactions.
Page 4 of 4
Page 8
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
PELICAN STREET AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
6.50
USE ONLY DIMENSIONS PROVIDED
00
0
8.
7.0
8.50
VERIFY ALL DIMENSION ON SITE
6.50 ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
PREFIX CONTENT
0
8.5
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
8.50
KEY PLAN
SMOKERS no. amendment date init.
AVENUE
TERRACE
0
50
5.5
8.
STREET
0
9.0
STAGE 4 EXTENSION
5.50
9.00
8.50
POINCIANA
DOONELLA
5.00
architects
STAGE 4
8.50
architecture & interior design
EXTENSION
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
STAGE 4 SPRING HILL, QLD 4000
5.00
REFURBISHMENT drawn date designed
5.50
W.B.P. reference
9.50
9.50
DESIGN
EXISTING BUILDING CONSTRUCT
5.50
Rubicon Design & Construct Pty. Ltd.
4.50
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
EXISTING BUILDING Phone:(07) 3267 2400 Fax:(07) 3267 2440
6.00
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40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
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0
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7.50
9.00
6.50
6.00
9.50
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0
0
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principal
MEMORIAL AVENUE
100mm
project
PROPOSED SITE PLAN location
50
drwg. title
40
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20
@A1
0 5 10
Page 9
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
USE ONLY DIMENSIONS PROVIDED
PELICAN STREET VERIFY ALL DIMENSION ON SITE
ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
PREFIX CONTENT
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
KEY PLAN
no. amendment date init.
AVENUE
STREET
POINCIANA
architects
DOONELLA
architecture & interior design
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
SPRING HILL, QLD 4000
drawn date designed
W.B.P. reference
DESIGN
CONSTRUCT
Rubicon Design & Construct Pty. Ltd.
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
Phone:(07) 3267 2400 Fax:(07) 3267 2440
40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
DRAWN SCALE
principal
100mm
project
location
EXISTING / DEMOLITION
BASEMENT PLAN
50
drwg. title
40
30
scale drwg. no. amend.
20
@A1
0 5 10
Page 10
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
USE ONLY DIMENSIONS PROVIDED
PELICAN STREET VERIFY ALL DIMENSION ON SITE
ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
PREFIX CONTENT
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
KEY PLAN
no. amendment date init.
AVENUE
STREET
POINCIANA
architects
DOONELLA
architecture & interior design
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
SPRING HILL, QLD 4000
drawn date designed
W.B.P. reference
DESIGN
CONSTRUCT
Rubicon Design & Construct Pty. Ltd.
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
Phone:(07) 3267 2400 Fax:(07) 3267 2440
40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
DRAWN SCALE
principal
100mm
project
EXISTING / DEMOLITION location
GROUND FLOOR PLAN
50
drwg. title
40
30
scale drwg. no. amend.
20
@A1
0 5 10
Page 11
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
USE ONLY DIMENSIONS PROVIDED
PELICAN STREET D
VERIFY ALL DIMENSION ON SITE
ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
C A
PREFIX CONTENT
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
KEY PLAN
no. amendment date init.
E
AVENUE
STREET
B
B
F
POINCIANA
architects
DOONELLA
architecture & interior design
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
SPRING HILL, QLD 4000
drawn date designed
W.B.P. reference
DESIGN
CONSTRUCT
Rubicon Design & Construct Pty. Ltd.
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
Phone:(07) 3267 2400 Fax:(07) 3267 2440
40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
DRAWN SCALE
principal
C A
100mm
project
location
MEMORIAL AVENUE
50
drwg. title
40
PROPOSED BASEMENT PLAN -
30
STAGE 4 scale drwg. no. amend.
20
@A1
0 5 10
Page 12
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
USE ONLY DIMENSIONS PROVIDED
PELICAN STREET D
VERIFY ALL DIMENSION ON SITE
ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
C A
PREFIX CONTENT
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
KEY PLAN
no. amendment date init.
E
AVENUE
STREET
B
B
F
POINCIANA
architects
DOONELLA
architecture & interior design
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
SPRING HILL, QLD 4000
drawn date designed
W.B.P. reference
DESIGN
CONSTRUCT
Rubicon Design & Construct Pty. Ltd.
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
Phone:(07) 3267 2400 Fax:(07) 3267 2440
40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
DRAWN SCALE
principal
C A
100mm
project
location
MEMORIAL AVENUE
50
drwg. title
40
PROPOSED GROUND FLOOR PLAN -
30
scale drwg. no.
STAGE 4
amend.
20
@A1
0 5 10
Page 13
THE OWNERSHIP OF THE COPYRIGHT OF ALL DRAWINGS
AND DOCUMENTS AND OF THE WORK EXECUTED FROM
THEM IS VESTED IN RUBICON DESIGN & CONSTRUCT Pty. Ltd.
notes
DO NOT SCALE FROM THIS DRAWING
USE ONLY DIMENSIONS PROVIDED
PELICAN STREET VERIFY ALL DIMENSION ON SITE
ARCHITECTURAL DRAWINGS NUMBERING SYSTEM
PREFIX CONTENT
0.-- SITE, STAGING & RELATED DRAWINGS
1.-- DEMOLITION DRAWINGS
2.-- FLOOR, REFLECTED CEILING & ROOF PLANS
3.-- SECTIONS
4.-- ELEVATIONS
5.-- CONSTRUCTION DETAILS
6.-- JOINERY DETAILS
KEY PLAN
no. amendment date init.
AVENUE
STREET
POINCIANA
architects
DOONELLA
architecture & interior design
A.B.N. 29 700 673 003
P 07 3832 4433 F 07 3832 4848
E [email protected]
Suite 4 Portman Place, 220 Boundary Street,
SPRING HILL, QLD 4000
drawn date designed
W.B.P. reference
DESIGN
CONSTRUCT
Rubicon Design & Construct Pty. Ltd.
A.C.N. 050 400 210
1110 Kingsford Smith Drive, Eagle Farm, QLD, 4009
Phone:(07) 3267 2400 Fax:(07) 3267 2440
EXISTING ROOF
40 Bell Street, PO Box 2020, Fitzroy, VIC, 3065
Phone:(03) 8682 9160
DRAWN SCALE
principal
100mm
project
location
MEMORIAL AVENUE
50
PROPOSED ROOF PLAN - drwg. title
40
STAGE 4
30
scale drwg. no. amend.
20
@A1
0 5 10