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MCU22 0038 01 MINOR CHANGE TO A DEVELOPMENT PERMIT [As Published]
PLANNING AND ENVIRONMENT COMMITTEE REPORT 11 APRIL 2023
MCU22/0038.01 – MINOR CHANGE TO A DEVELOPMENT PERMIT (COMMERCIAL
BUSINESS TYPE 1 – OFFICE AND COMMERCIAL BUSINESS TYPE 2 – MEDICAL) AT 28
EENIE CREEK ROAD, NOOSAVILLE
DOCUMENT INFORMATION
Author Acting Coordinator, Planning, Nadine Gorton
Environment and Sustainable Development
Index ECM Reference/MCU22/0038.01
Attachments Nil
APPLICATION DETAILS
Application No. MCU22/0038.01
Development Approval Development Permit for Material Change of Use of Premises -
Commercial Business Type 1 Office & Type 2 Medical
Applicant Stockwell Development Group Pty Ltd
Request Received On 29 November 2022
PROPERTY DETAILS
Property Address 26 Eenie Creek Road, Noosaville previously known as 28
Ennie Creek Road Noosaville
RP Description Lot 22 SP 322201
Land Area 3818m2
Existing Use of Land Undeveloped land within Noosa Civic
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Locality Noosaville
Zone Major Centre Zone
Precinct 5B – Showroom Precinct
Overlays Land Subject to Acid Sulfate Soils
Regional Infrastructure - water supply pipeline
Assessment Type Minor Change to Development Approval
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PLANNING AND ENVIRONMENT COMMITTEE REPORT 11 APRIL 2023
EXECUTIVE SUMMARY
In July 2022, Council approved an application for a two-storey office/medical building to be
constructed over two levels of basement parking on a vacant site at the Noosa Civic. The applicant
has now confirmed an anchor tenant for the site and has lodged an application to change the
development approval to accommodate the specific needs of the tenant. These changes involve
the construction of a purpose-built radiation treatment facility in the basement which results in
additional gross floor area of 118m2 (GFA) and changes to the carparking area.
The changes to the carparking area include removal of tandem carparking spaces which reduces
the carparking from 104 to 96 spaces. The increase in GFA in the basement is offset by a reduction
of 118m2 of GFA throughout the remainder of the development as a result of the conversion of
office space to services, increased stairwell areas and additional lift area to the basement.
Accordingly, there is no overall increase in GFA across the development. The applicant has
submitted a traffic report as part of the application which has been reviewed by Council’s traffic
consultant who has indicated that the proposed carparking arrangements are acceptable provided
the associated tenancy is used for oncology services as detailed by the applicant. Conditions to
limit the use are recommended and the change application is supported.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 11 April 2023 regarding Application No. MCU22/0038.01 to make a
minor change to an existing approval for Material Change of Use – Commercial Business Type 1
- Office and Commercial Business Type 2 - Medical situated at 26 Eenie Creek Road, Noosaville
and:
A. Approve the change.
B. Amend conditions 2, 4, 43 and 52 to read as follows:
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
and may be further amended by the conditions of this approval.
Plan No. Rev. Plan/Document Name Date
0002 P Site Plan, prepared by Buchan 01.12.22
100-B1 L Basement 01, prepared by Buchan 09.11.22
100-B2 M Basement 02, prepared by Buchan 01.12.22
1000 R Ground Floor Plan, prepared by Buchan 01.12.22
1001 Q Level 01, prepared by Buchan 01.12.22
1200 J Roof Plan, prepared by Buchan 09.11.22
A-DA-2000 I Sections, prepared by Buchan 09.11.22
A-DA-3000 L Elevations, prepared by Buchan 09.11.22
A-DA-6001 H Perspectives, prepared by Buchan 28.04.22
A-DA-6002 C Perspectives, prepared by Buchan 18.05.22
1.1 Site Plan, prepared by place design group 17.03.22
1.2 Landscape Elevations, prepared by place 17.03.22
design group
1.3 Perspective view, prepared by place design 17.03.22
group
2.1 Indicative plant palette – streetscape and entry 17.03.22
landscaping, prepared by place design group
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Plan No. Rev. Plan/Document Name Date
2.2 Indicative plant palette – bio basin landscaping, 17.03.22
prepared by place design group
3.1 Indicative materials palette, prepared by place 17.03.22
design group
4. This approval is for a total of 2,170m2 of gross floor area, as depicted on the Approved
Plans, for the following uses:
a. Commercial Business Type 1 – Office
b. Commercial Business Type 2 – Medical
c. A radiation treatment facility (radiation bunker) - only to be operated in
association with a proposed oncology use (as detailed in the SLR Consulting
Memo dated 3 February 2023 and Schematic of Staffing and Patient Levels
prepared by SLR and dated 17.02.2023). The oncology use and radiation
treatment facility is to have a combined gross floor area of 497m2 of the 2170m2
total approved floor area.
43. Provision of 96 car parking spaces and 10 motorcycle spaces on the site, plus the SRV
loading bay and ambulance bay.
52. 5 of the car parking bays provided at grade must be signed and reserved for short stay
car parking.
C. Delete conditions 40,46,47,48 and 49.
D. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REPORT
1. PROPOSAL
The applicant seeks approval to change an existing development approval for a Material Change
of Use – Commercial Business Type 1 - Office and Commercial Business Type 2 – Medical that
was approved under the 2006 superseded planning scheme. The applicant advises that they have
secured the Icon Group as the anchor tenant for the Medihub who have committed to a long-term
tenancy in the development. The applicant indicates that due to the nature of the cancer treatment
procedures being offered, a purpose-built radiation treatment facility is required which is best
located in the basement area away from other tenancies.
The proposed radiation treatment facility will include an additional GFA of 118m2 and removes 8
tandem carparking spaces required by conditions of the existing approval. An enlarged service
room proposed on the upper level combined with increased stair areas and a new lift area to service
the basement reduces the GFA of the building as these areas are excluded from the definition of
GFA. This reduction is equivalent to the increase in GFA within the basement. Figures 1 to 6
illustrate the approved floor plans and the proposed changes to the building.
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PLANNING AND ENVIRONMENT COMMITTEE REPORT 11 APRIL 2023
Figure 1 – Approved Basement Level 1
Figure 2 – Proposed Basement Level 1
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PLANNING AND ENVIRONMENT COMMITTEE REPORT 11 APRIL 2023
Figure 3 – Approved Basement Level 2
Figure 4 – Proposed Basement Level 2
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Figure 5 – Approved Section
Figure 6 – Proposed Section
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2. BACKGROUND
On 16 September 2021, Council at its Ordinary meeting resolved to agree to a request to assess
an application for Commercial Business Type 1 Office and Commercial Business Type 2 Medical
on the subject site, under the Superseded Planning Scheme (Noosa Plan 2006). Subsequent to
this decision, a development approval for a Material Change of Use – Commercial Business Type
1 - Office and Commercial Business Type 2 - Medical was approved by Council on 18 August,
2022.
The above proposal was assessed as being in accordance with the provisions of the Noosa Plan
2006 except with regard to the front setback, building height, wall length and landscape setbacks.
Due to the design, the building was considered to contribute positively to the area and complied
with the outcomes of the Noosa Plan 2020.
3. ASSESSMENT
3.1. 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;
• Noosa Plan 206.
The following codes from the Noosa Plan are applicable to this development:
• Noosaville Locality Code;
• Business Uses Code;
• Works Codes.
3.2. 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 there are no
visible external changes to the building form, the change does not substantially impact on
operations and the proposed uses have not changed;
• 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.
3.3. Statutory Instruments – Planning Scheme
The subject site was zoned Shire Business Centre under the 2006 Noosa Plan and was a
consistent code assessable use in the zone.
Under the current Noosa Plan 2020, the site is included in the Major Centre zone and the
Showroom Precinct which details offices and health care services as impact and inconsistent uses.
It is noted that the built form requirements of the Noosa Plan 2020 are generally consistent with
the Noosa Plan 2006, however the Noosa Plan 2020 provides for increased height and gross floor
area which is generally reflected in the approval.
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The proposed changes do not alter the external appearance of the approved building or the
approved uses and relate to carparking and internal layouts. The applicant indicates that the new
radiation treatment facility will increase the GFA by 118m2 in the basement and results in the
removal of 8 tandem carparking spaces. To maintain the approved GFA area on site, the applicant
has reduced the GFA at Level 1 by increasing the size of internal stairwells and providing a new
lift area and on Level 2 by creating a large service area which are excluded from GFA calculations.
Applicants Request
The applicant requests that the amended plans be incorporated into the conditions of approval and
requests changes to the approval to:
• Delete conditions 40, 46, 47, 48 and 49 which reference the provision and management plan
for the tandem spaces
• Amend condition 43 to reflect the carparking and motorcycle spaces, loading bay and
ambulance required, less the tandem spaces
• Amend condition 52 to increase the number of short stay carparking from 2 to 5 bays
The applicant requests deletion of Conditions 40, 43, 46, 47, 48 & 49 which relate to the provision
of tandem carparking on the basis that Council accepts the proposed layout and that the tandem
spaces are no longer required.
The applicant submits the following comments in relation to carparking:
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Assessment of Request
The applicant submitted a Traffic Report prepared by SLR Consulting Australia to justify the
carparking requirements and removal of 8 tandem carparking spaces. The report was
subsequently reviewed by Councils Traffic Consultant who advised after liaison with the applicants’
traffic engineer the following:
(i) While the GFA of the proposed radiation oncology tenancy (497m2) appears large for the
proposed number of users at any one time, the proposed operator has taken me through
how the tenancy will be used and operated (with several specialist oncologist consulting
rooms although with each specialist only attending on specific days of the week, having
minimal overlap with other specialist attendance, and the specialists not sharing rooms –
together with the other staffing needs of the tenancy appearing sensible and logical for the
usage of the bunker area).
(ii) I questioned whether other oncology services would be provided in that tenancy and was
advised that they would not, and that if would only be radiation oncology services and
patients associated with use of the bunker.
(iii) I questioned whether the tenant might decide at a later date to use the tenancy more
efficiently and sub-lease part of the tenancy to another medical use, and advised that would
not occur.
(iv) I was also advised that there was a long term lease arrangement proposed being an initial
10 years plus 2 additional 10 year options. Thus, if the proposal is approved it is likely that
the radiation oncology use would operate for a long period of time.
(v) The SLR memo and the document describing use and operation of the radiation oncology
tenancy present a supportable position in relation to the proposed car parking provision, that
in my opinion would be acceptable provided appropriate development approval conditions
are imposed to limit use of the proposed radiation oncology tenancy area to only that use.
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Figure 7 – Proposed Oncology Use/Layout
Based on Councils consultant’s review, the proposal is able to be supported subject to condition 2
being amended to ensure the oncology use on level 1 is linked with the radiation bunker. The
amended condition is detailed below:
2. This approval is for a total of 2,170m2 of gross floor area, as depicted on the Approved Plans,
for the following uses:
a. Commercial Business Type 1 – Office
b. Commercial Business Type 2 – Medical
c. A radiation treatment facility (radiation bunker) - only to be operated in association with
a proposed oncology use (as detailed in the SLR Consulting Memo dated 3 February
2023 and Schematic of Staffing and Patient Levels prepared by SLR and dated
17.02.2023). The oncology use and radiation treatment facility is to have a combined
area of 497m2 of the 2170m2 total approved floor area.
The deletion of conditions 40, 46, 47, 48 and 49 is supported as these conditions relating to tandem
spaces will no longer be relevant. The change to condition 43 to reflect the removal of tandem
spaces is also supported.
The applicant also seeks amendment of condition 52 to increase the number of short stay car
parking from 2 to 5 to enable drop down and pick up patients. No objection is raised to this request.
4. CONSULTATION
4.1. Referral Agencies
The applicant has provided notice of the proposed change to the development approval to the
following Referral Agency:
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Energex
The Department was a referral agency for premises near a substation or subject to an easement.
The Department has responded advising that they have no objection to the minor change
4.2. Other Referrals
The application was forwarded to the following internal Council specialists:
• Coordinator Engineering – no comments
5. CONCLUSION & REASONS FOR DECISION
The applicant seeks approval to change the existing approved plans and conditions of approval to
enable the provision of a specialist treatment facility for cancer patients in the basement of the
proposed building. The provision of the facility results in the removal of 8 tandem spaces that were
previously required for the use. A review of the proposal by Councils traffic consultant indicates
that the revised carparking provision on site will be sufficient for the use provided the radiation
bunker is linked to a specialist oncology service on site. The application is supported subject to
conditions that reflect these requirements.
Departments/Sections Consulted:
Mayor Community Services Corporate Services
Councillors Director Director
Community Development Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
Waste & Environment Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director x Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service x Development Assessment Buildings & Facilities
Governance Economic Development Civil Operations
People & Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design & Delivery
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