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Minor Change Report 131998 981643 3 [As Published]

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Senior Development Planner, Andrew Gaffney
                                       Development Assessment



                    APPLICATION DETAILS

                    Application No.                 131998.981643.3

                    Development Approval            Showrooms & Professional Offices

                    Applicant                       Calardu Noosa Pty Ltd

                    Request Received On             9 December 2024

                    Report Reviewed By              G.Schramm 14.3.2025


                    PROPERTY DETAILS

                    Property Address                1/7-9 Gibson Rd Noosaville Qld 4566

                    RP Description                  Lot 1 SP 127822

                    Land Area                       8,905m²

                    Existing Use of Land            Showroom


                    STATUTORY DETAILS

                    SEQRP Designation               Urban Footprint

                    Zone                            District Centre

                    Precinct                        Not applicable

                    Local Area Plan                 Noosaville Local Area Plan

                    Overlays                        Land Subject to Acid Sulfate Soils

                    Assessment Type                 Minor Change to Development Approval



               1.      PROPOSAL
               The applicant seeks approval to change to an existing development approval to reposition and
               reduce in area public toilets at the site. Unusually, the toilets are located in the middle of the
               northern building floorplate. The repositioned area (92m² floor area) will be absorbed into the
               existing and adjoining Harvey Norman tenancy with a smaller toilet facility located adjacent to the
               northern carparking area shown at Figures 3 & 4.
               The repositioning of the toilets will allow for more efficient use of the floor area and create an
               enlarged Harvey Norman tenancy of 1,688m² - Figure 4.

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Document Set ID: 23453227
Version: 6, Version Date: 18/03/2025
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Page 2

               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                             <
                                                      Figure 2 – Site Plan


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Page 3

                                       Figure 3 – Floor Plan – existing layout




                                       Figure 4 – Floor Plan – proposed layout


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                    Figure 5 – yellow shaded area indicates the portion of the internal floor area within the Harvey Norman
                           tenancy occupied by the toilets proposed to be removed and absorbed into the tenancy.

               2.     BACKGROUND
               On 22 October 1998 Council approved a Development approval for a Material Change of use for
               a Showroom and professional offices. The approved plans show that for Building A (relevant to
               this application), the ground floor involving all tenancies A1 – A6, the approved use was for
               Showroom. The upper floor for Tenancy A7 was for Offices.
               This application was assessed against a Special Facilities, Plan of Development No 38 dated Dec
               199 which did not list carparking rates for the commercial uses. For showrooms, the 1990 planning
               scheme required 1 space per 60m² for areas up to 1,020m² and then 1 space per 100m² > 1,020m².
               The Noosa Council planning assessment report states that a total of 52 onsite carparking spaces
               was required. The proposed development and approved plans showed 83 spaces which was a
               ratio of approximately 1 space per 50m² GFA

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               On 16 March 2000 Council approved a Material change of use for Indoor Entertainment (Martial
               arts studio), being the former area of the professional offices on the upper floor.


               2.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      Noosa Plan 2020 (25 September 2020).
               2.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development as the proposal does
                      not:
                      o     involve a new use; or
                      o     result in the application applying to a new parcel of land; or
                      o     dramatically change the built form in terms of scale, bulk and appearance; or
                      o     change the ability of the proposed development to operate as intended; or
                      o     remove a component that is integral to the operation of the development; or
                      o     significantly impact on traffic flow and the transport network, such as increasing traffic
                            to the site; or
                      o     introduce new impacts or increase the severity of known impacts; or
                      o     remove an incentive or offset component that would have balanced a negative impact
                            of the development; or
                      o     impact on infrastructure provisions.
               •      the change does not include prohibited development;
               •      the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;
               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               2.3. Statutory Instruments – Planning Scheme
               The original application was lodged and assessed under the now superseded 1990 Schedule to
               the planning scheme. Pursuant to s81 of the Planning Act 2017, Council must consider the
               planning scheme in effect when the original development application was lodged, however Council
               may give weight to Noosa Plan 2020 as the planning scheme in effect at the time of the minor
               change application being lodged.
               The following codes from Noosa Plan 2020 are applicable to this development:
               •      District Centre Zone Code;
               •      Noosaville Local Plan Code;
               •      Works Codes;
               Assessment
               Parking Demand

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               The applicant submits that the below Table 1 reflects the current gross floor area (GFA) allocations
               for the ground level relating to the northern building at the site (see Figure 3) and that the transfer
               of the toilets (shown in blue shade) can be absorbed into Tenancy A1 with no impact on total site
               GFA and does not result in additional carparking demand.
               A review of the approved plans indicates that the information provided below by the applicant is
               generally correct.
                Area                                       Existing (m²)                     Proposed (m²)
                Tenancy A1                                     362
                                                                                                  1,688
                Tenancy A2                                    1,234
                Tenancy A3                                     170                                 170
                Tenancy A4                                     158                                 161
                Toilets                                        108                                  16
                Total GFA                                     2,035                               2,035
               Table 1 - Applicant GFA assessment
               The reduction and transfer of the toilet block area from 108 to 16m² results in an addition of 92m²
               floor area being transferred to the existing Harvey Norman tenancy, without creating additional site
               GFA. It is noted that the current approval allows for the ground floor to be used as Showroom.
               The use is defined as a Showroom under the 1990 Schedule to the Planning Scheme and remains
               a consistent, code assessable use in the District Centre zone under the Noosa Plan 2020.
               At the time of the approval under the 1990 Planning Scheme the parking rate applicable for a
               Showroom use was 1 space per 60m² for areas up to 1,020m² and then 1 space per 100m² >
               1,020m², a much lower carparking rate. The calculation of car parking rate for Showrooms based
               on the Noosa Plan 2020 require a higher rate of 1 space per 50m² of GFA, however as the original
               approval provided onsite provision in accordance with this provision ie 83 spaces the current onsite
               provision is comparable to the Noosa Plan 2020 minimum provision in relation to the Showroom
               areas.
               The ‘intensity of the land use’ is not increased as the floor area is located within the middle of the
               established Showroom and will not be used outside the approved hours of operation.
               The area does not create additional retail exposure i.e. a new or enlarged shopfront or a separate
               sub tenancy which may result in additional demand or need for onsite carparking.
               Existing pedestrian access to the tenancy is not altered or changed by this application.
               It is also noted that there is no ability to accommodate any additional carparking at the site. In this
               instance and for the current application the current onsite carking provision is considered sufficient.
               Any future changes to the centre insofar as alternative uses or changes to floor areas would require
               greater scrutiny of onsite carparking provision ie preparation of a traffic assessment report to justify
               further changes.


               3.     CONSULTATION
               3.1. Referral Agencies
               Not applicable
               3.2. Internal Council Referrals
               Not applicable
               4.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 83(9) of the Planning Act 2016.

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Page 7

               RECOMMENDATION
               With regard to Application No. 131998.981643.3 to make a minor change to an existing approval
               for Showrooms & Professional Offices situated at 1/7-9 Gibson Rd Noosaville Qld 4566 and
               described as Lot 1 SP 127822, Council on 14.03.2025 decided to:
               A.     Approve the change.
               B.     Include the following conditions:
               Additional Condition – 14 March 2025 – 131998.981643.3
               Approved Plans
               34.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below.

                        Plan No.             Rev.   Plan/Document Name                       Date

                        131998.981643.3 – Internal conversion of floor area – Tenancy A1

                        222                         DA Plan – -Proposed Ground prepared by 3 September
                                                    Onesto Group                           2024




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Document Set ID: 23453227
Version: 6, Version Date: 18/03/2025

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