250722 Minor Change Request · 132004.240022.3

Page 2

    The location of the proposed bathroom facilities requires the relocation of five (5) existing car
    parking spaces. These car parking bays are to be relocated to the south-eastern side of the site, in
    accordance with the traffic engineering advice provided by Richmond + Ross Consulting
    Engineers. We note that there is not overall loss of car parking spaces within the site.

    A change to a window within the Hastings Street facade is also proposed. The change includes an
    increase to the sill height of the window, resulting in a minor reduction to the size of the overall
    window. The change also includes the removal of the bi-fold style glass panels and replacement
    with a fixed glazing panel. We note that the window does not directly front Hastings Street as it is
    buffered by existing landscaping. As such, this minor change to the window is not anticipated to
    impact on the overall level of street activation, casual surveillance or the overall beachside
    appearance of the built form.

    We consider the proposed change consists of a “Minor Change” to the original Development Permit
    and we make this request to change a development approval under Section 81 as the modification
    constitutes a minor change under the provisions of the Act.

    A minor change means a change that –
    (b) for a development approval
        (i) would not result in substantially different development; and
        (ii) if a development application for the development, including the change, were made when
             the change application is made would not cause—
              a. the inclusion of prohibited development in the application; or
              b. referral to a referral agency, other than to the chief executive, if there were no referral
                  agencies for the development application; or
              c. referral to extra referral agencies, other than to the chief executive; or
              d. a referral agency to assess the application against, or have regard to, matters
                  prescribed by regulation under section 55(2), other than matters the referral agency
                  must have assessed the application against, or have had regard to, when the
                  application was made; or
              e. public notification if public notification was not required for the development application.

    Our assessment of the above is as follows:

    In relation to item (b) (i), the proposal would not constitute substantially different development.
    Substantially different development is outlined in Schedule 1 of the Development Assessment Rules
    under the Planning Act 2016 as follows:
        1) A change may be considered to result in a substantially different development if the
             proposed change:
              a) involves a new use; or
              b) results in the application applying to a new parcel of land; or
              c) dramatically changes the built form in terms of scale, bulk and appearance; or
              d) changes the ability of the proposed development to operate as intended; or
              e) removes a component that is integral to the operation of the development; or
              f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                  to the site; or
              g) introduces new impacts or increase the severity of known impacts; or
              h) removes an incentive or offset component that would have balanced a negative impact
                  of the development; or
              i) impacts on infrastructure provisions.



Plan A Town Planning Pty Ltd              4/134 Constance St, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006             e [email protected]   www.planatownplanning.com.au

Page 3

    The proposal is not substantially different as outlined above on the basis that:
    • The proposal does not involve a new use and the uses of the site will remain as originally
       approved for the purpose of Shops, Multiple Dwelling, Restaurants and Bars.
    • The proposal does not apply to a new parcel of land and continues to apply to Lot 7 on
       RP802632.
    • The proposed change does not dramatically change scale, bulk and appearance of the existing,
       approved built form. The proposal generally relates to the fitout and re-use of existing areas.
    • The proposal does not change the ability of the development to operate as intended. The
       premises will continue to operate as originally approved for the purpose of Shops, Multiple
       Dwelling, Restaurants and Bars.
    • The change does not include removal of any component which would be integral to the operation
       of the development.
    • The proposed changes will not adversely alter traffic flow and the transport network.
    • The change will not introduce new impacts or increase the severity of known impacts.
    • The changes do not remove an incentive or offset component.
    • The changes do not impact on infrastructure provisions.

    On the basis of the above, the proposal does not constitute substantially different development.

    In relation to item (b) (ii) (a), the proposal does not include prohibited development.

    In relation to point (b) (ii) (b), (c) and (d), the original application was not subject to referral and the
    proposed change would not trigger any additional referral requirement or referral agency assessment.

    In relation to point (b) (ii) (e), the original development application was not subject to Impact
    Assessment.

    Changes to Plans
    We request that Council approve the below plans and documentation associated with this Minor
    Change Request:

      Plans / Documents                       Drawing No.                         Prepared by                    Date
      Traffic Engineering                     Letter & Plan                       Richmond + Ross                03.07.25
                                                                                  Engineers
      General Arrangement Plan                WD.02.10, Issue 7                   C.E. Architects                16.06.25
      Building Elevations –                   WD.04.06, Issue 16                  C.E. Architects                21.07.25
      Hastings Street

    Changes to Conditions
    The proposed Minor Change, relating to the relocation of car parking spaces, requires a minor
    adjustment to the wording of Condition 3.1 of the Approval (Council Reference: 2041/17/TP).

    We propose an amendment to the condition wording, as shown in bold:




Plan A Town Planning Pty Ltd              4/134 Constance St, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006             e [email protected]   www.planatownplanning.com.au

Page 4

      Condition 3.1
      The developer shall provide a minimum of 174 parking bays (with a maximum of 22 bays in
      tandem configuration) and 3 loading bays on site. Each car parking space shall not be less than
      5. 5 metres in length and not less than 2.6 metres in clear width. Parking bay dimensions are
      to be in accordance with the above, unless otherwise supported in writing by an RPEQ.

      Aisle widths are desirable 6.5m width but shall not be less than 6.0metres as detailed, on
      Council’ s Standard Drawing No. 9515. For blind aisles an aisle extension of 2m is to be
      provided to permit vehicle manoeuvre out of the end bays. Extra width is required on the end
      bay adjoining a blind aisle. Aisle widths are to be in accordance with the above, unless
      otherwise supported in writing by an RPEQ.

      Areas on which vehicles will be driven and/or parked are to be provided with a flexible or other
      pavement surfaced with bitumen seal coat, asphaltic or other concrete properly constructed and
      maintained to good engineering standards to the satisfaction of the Council’s Engineer. Plans
      and specifications for such areas including footpath crossings are to be submitted for approval
      prior to issue of a Building Permit. Vehicular access to and from the site is to be designed so as
      to ensure that sufficient area is available for manoeuvring and turning to permit forward
      movement to and from the road.

      The entrance to the car park shall have a minimum clearance of 2.1m as defined in Australian
      Standard A.S. 2890.1-1986 Car Parking Facilities. Allowance shall be made for required height
      of service vehicles, where applicable.

      The car park shall be available for use by members of the public. Signposting shall be provided
      in accordance with the requirements of the Shire Engineer at the access point. Parking spaces
      available for public use inside the building shall be clearly marked. Car Park entry may be
      subject to payment of a fee.


    In accordance with the above, we confirm that the change proposed is a minor change as outlined
    in Section 81 of the Planning Act 2016 and requires amendments to the approved plans and
    conditions.

    Please find attached a copy of the Planning Act Form for your records.

    We trust that the supplied information is sufficient for Council to address this matter.

    In the event that you do require clarification, or any further information please do not hesitate to
    contact the undersigned on (07) 3846 0807.

    Yours faithfully,
    Plan A Town Planning Pty Ltd




    Georgina McNee
    Senior Town Planner




Plan A Town Planning Pty Ltd              4/134 Constance St, Fortitude Valley Q 4006   p 07 3846 0807          abn 17 634 960 937
Town Planning & Development Consultants   PO Box 13 Fortitude Valley Q 4006             e [email protected]   www.planatownplanning.com.au