Minor Change Report MCU14 0053.01 · MCU14/0053.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU14/0053.01
Development Approval	Development Permit for Material Change of Use for a Retail Business Type 2 - Shop & Salon
Applicant	Cammeray Investments Pty Ltd
Request Received On	5 March 2018

PROPERTY DETAILS
Property Address	15 Noosa Dr Noosa Heads Qld 4567
RP Description	Lot 6 N 21827
Land Area	286m²
Existing Use of Land	Retail Business Type 2 - Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Visitor Mixed Use
Zone	Natural Hazards Potential Acid Sulfate Soils Medium Bushfire Hazard Subject to Minimum Floor Heights
Overlays	Visitor Mixed Use
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks changes to the existing approval to include amendments to the built form. The proposal is to demolish the majority of the building and to provide a wider, modern and more interesting shop front resulting in a greater open space area to the rear of the site. Figures 1 and 2 below show 3D views of the proposal from Halse Lane and Noosa Drive.

Figure 1 - View form Halse Lane

Figure 2 - View from Noosa Drive
background
On the 13 October 2008, Council issued a development approval (1320008.890) for a Retail Business Type 2 – Shop & Salon with a total gross floor area of 85m2. At the time, the tenancy was being used by a real estate agent and the change of use to a shop did not generate additional carparking demand. A copy of the approved plan is included as Figure 3.

Figure 3 - Existing shop approved plan
On the 28 November 2013, Council responded to a written complaint relating to the establishment of a coffee cart and unapproved building works on the site. The coffee cart has since been removed.
On 24 September 2015, Council approved an application for a Development Permit for Material Change of Use for a Retail Business Type 2 - Shop which addressed the unapproved building works associated with the increased shop area and also:
Entered into an infrastructure agreement for the payment of contributions in lieu of 3 off-street parking spaces totalling $68,187; and
Notice was given to the property owner to remove the unapproved works to the reasonable satisfaction of Council within 6 months.

The contributions in lieu of 3 off-street car parking spaces were paid on 14 October 2015.
The unapproved works have not been removed at the time of this report as Council has been working with the owner for a satisfactory outcome. The approved plans indicate the removal of the unapproved works, the reuse of the existing building, the addition of fire separation walls and some minor building changes. This current change to the existing approval requests to demolish most of the building and provide a more modern design.
assessment
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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Business Uses Code
Landscaping Code
Engineering Works Codes
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 is for built form changes;
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 mattes prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
Condition 2
Approved Plans
2.Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Issue.	Plan/Document Name	Date
WD01	B	Site Plan drawn by Soul Space Building Design	01/09/2015
WD02	B	Floor Plan drawn by Soul Space Building Design	01/09/2015
WD03	B	Roof Plan drawn by Soul Space Building Design	01/09/2015
WD04	B	Elevations drawn by Soul Space Building Design	01/09/2015
WD05	B	Sections drawn by Soul Space Building Design	01/09/2015

Applicant’s Request
The applicant seeks to change the built form which is indicated in the approved plans. The primary change is to increase the width of the shop front which faces Noosa Drive and open up the façade with glazing to Halse Lane. The design incorporates glazing to approximately 70% of the frontage to Noosa Drive with the balance being a stone wall finish. Painted weather boards are proposed above the glazing as shown in Figure 4 below.

Figure 4 - Noosa Parade frontage elevation.
The facade facing Halse Lane has similar finishes except a painted masonry finish to the eastern end of this (southern) elevation as shown in Figure 5 below.

Figure 5 - South elevation
The height is approximately 5.1m above the existing footpath level.
Assessment of Request
The key assessment parameters of the original approval were site cover, gross floor area and carparking. Furthermore, Condition 5 of the approval requires 50% of the street frontage to be transparent. It is considered the proposal complies with Condition 5. Site Cover, Gross Floor Area and car parking is discussed in detail below.
Site Cover
The Noosa Heads Locality Code requires a site cover of 45% which equates to 128.7m² for this 286m² site. The proposal seeks a site cover of 128.9m² which is considered in accordance with the Locality Code and the approved plans. Table 1 below outlines the site cover for the site.

Table 1 - Site Cover comparison
	Planning Scheme 45% of site	Approved	Proposed	Comply
Site Cover	128.7m²	128.5m²	128.9m²	

Gross Floor Area (GFA)
Table 2 below shows the approved and proposed GFA and Use Area and compliance with the approval and the Planning Scheme.

Table 2 - GFA & Use Area comparison
	Planning Scheme	Approved	Proposed	Comply
GFA	320m²	128.5m²	122m²	
Use Area	Based on car parking provision	115m²	110m² (5m² surplus)	
The Noosa Heads Locality Code requires that GFA does not exceed the maximum allowable population of 280 persons per ha, multiplied by 40m² which is calculated as 8 persons x 40m² = 320m² GFA for the site. The proposed 122m² GFA is well below the 320m² permitted by the Code and complies with the maximum of 128.5 m² approved. The proposal complies with the required GFA and Use Area for the site and the car parking provision.
Car Parking

Table 3 - Carparking
Approval	Use Area	Car spaces Required (1 space per 20m² up to 100m² & 1 space per 15m² thereafter)		Total Use Area permitted based on the car provisions approved
				Use Area	Equivalent car spaces
Credit from previous approval (132008.0890)	79m²	3.95 spaces		79m²	3.95
Current approval	115m²	6 spaces			
Proposed	110m²	5.66 spaces			
Contributions paid in lieu	60m²	3 spaces		+ 60m²	+ 3
	Use Area Permitted	= 139m²	= 6.95
	Proposed Use Area	- 110	
	Surplus Use Area	= 29m²	

A total of 6.95 car spaces is approved for the site which is based on 3.95 spaces credit from a previous approval (132008.0890) plus contributions paid in lieu for 3 spaces for this current approval. The 6.95 spaces is equivalent to 139m² (1 space per 20m²) of Use Area permitted. The proposal seeks 110m² resulting in a surplus of 29m² of Use Area.
The proposal complies with the approval and does no trigger any additional car parking.

Condition 5
5.	Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent to a minimum of 50% of the street frontage.
Assessment
Given the proposal is to demolish the majority of the building rather than to remove a part of the building and renovate, it is considered condition 5 is amended to ensure the proposed stone and weather board finishes are provided.

Condition 7
7.	Goods are only permitted to be displayed from within the shop in accordance with the use areas indicated on the approved plans. No part of the outdoor areas shall be used for storage or sale of goods and/or materials.
Assessment
The intent of the condition is to ensure the Use Area did not exceed the extent of car parking approved for the site. However, as a result of the surplus 29m² of Use Area as outlined above in Table 3, it is considered condition 7 be changed to allow 29m² of uncovered Use Area to the frontage of Noosa Drive and to the rear of the site.
Additional Condition 12
To provide clarity, it is considered that an additional condition be included which sets out the approved Site Cover, GFA and Use Area.
Additional Condition 13
Given the site is now proposed as a significant renovation, landscaping within the frontage is required. A condition is recommended to provide 1m² of soft landscaping within the frontage.

conclusion & reasons for decision
The proposal complies with the approval and The Noosa Plan and raises no significant planning concerns and is recommended to be supported subject to amendments to conditions.
RECOMMENDATION
With regard to Application No. MCU14/0053.01, to make a minor change to an existing approval for Development Permit for Material Change of Use for a Retail Business Type 2 - Shop & Salon situated at 15 Noosa Dr Noosa Heads Qld 4567  described as Lot 6 N21827, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on  decided to:
A.	Approve the change.
B.	Amend conditions 2, 5 and 7 to read as follows:
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Issue.	Plan/Document Name	Date
DA 101	B	Site Plan, prepared by Soul Space Building Design	12-9-18
DA 102	B	Ground Floor Plan, prepared by Soul Space Building Design	12-9-18
DA 103	B	Site Cover Plan, prepared by Soul Space Building Design	12-9-18
DA 104	B	Roof Plan, prepared by Soul Space Building Design	12-9-18
DA 201	B	Elevations, prepared by Soul Space Building Design	12-9-18
DA 202	B	Elevations, prepared by Soul Space Building Design	12-9-18
DA 203	B	Sections, prepared by Soul Space Building Design	12-9-18
Ground floor shopfront glazing along the Noosa Drive frontage must be fully transparent to a minimum of 50% of the street frontage. External materials, including facing Halse Lane, must consist of selected stone wall finishes and painted weatherboard cladding in accordance with the approved plans.
A maximum of 29m² of uncovered outdoor Use Area may be used for storage or sale of goods and/or materials except for the outdoor area facing Halse Lane which must not be used.
C.	Include additional Conditions 12, 13 and 14 to read as follows:
Additional Conditions December 2018
12.	The approved:
Site Cover is 128.9m²;
Gross Floor Area is 122m²;
Use area is a maximum of 139m² based on the car parking provision for the site.
Landscaping
Landscaping must be provided in accordance with Planning Scheme Policy PSP 3 Landscaping plants and guidelines. In this regard:
a minimum of 1m² soft landscaped garden must be provided to the Noosa Drive frontage;
the garden adjacent to the Halse Lane frontage must be improved to the satisfaction of Council; and
any decking outside the property boundary facing Halse Lane must be removed and replaced with soft landscaping to the satisfaction of Council.
The steps facing Noosa Drive must be located within the site.

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