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Cover Letter - Minor Change Application
Date: 24 February 23
The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565
Via Email ([email protected])
Dear Sir/Madam
RE: Request for Minor Change to Development Approval (MCU17/0568 & OPW17/0602) relating
to a Material Change of Use – Industrial Business Type 2 and associated Operational Work at
4 Jarrah Street, Cooroy described as Lot 2 RP176126
In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change
to the Development Approval (MCU17/0568 & OPW17/0602) at the abovementioned property.
This request is made on behalf of Eco Cottages Pty Ltd, being the operators of the industrial use occurring
at the premises.
In support of the application, please find enclosed:
+ Planning Act Form 5;
+ Proposal Plans (Appendix A);
+ Owner’s Consent Form (Appendix B)
Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.
Background
On 2 March 2018, Council issued a Development Permit for an Industrial Business - Type 2 and associated
operation work over the land (MCU17/0568 & OPW17/0602).
On 20 April 2018 Council issued a Negotiated Decision Notice in response to representations made. The
Negotiated Decision made a change to condition 2 and included new Conditions 81 and 82.
The original development was approved to have a total gross floor area of 1,992m2 and was required to
provide 27 car parking spaces. The approved layout of the building is illustrated in Figure 1 below.
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Figure 1 – Approved Site Plan (MCU17/0568 & OPW17/0602) The Proposal The proposed minor change application seeks a retrospective approval for building extensions that have been established at the rear of the premises, which involve a beam shop and drying shed. The proposal also seeks approval for a display area to be provided in the northwest corner of the site, adjacent to its frontage with Jarrah Street. The new buildings would have the following gross floor area (GFA): Building GFA Beam Shop 270m2 Storage Shed 48m2 Total 318m2 The proposal would also involve altering the carparking layout to provide a total of 30 spaces. Details of the new roof covering are provided in Figures 1 – 3 below. Please refer to the Proposal Plans at Appendix A for further details.
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Figure 1 – Site Plan Illustrating Location of New Roof Covering Figure 2 – Perspective view of beam shop extension
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Figure 3 – Perspective view of drying shed
Changes to Conditions/Plans of Approval
As a result of approving the proposed changes, Condition 1 of the approval would need to be changed to
include reference the following additional plans:
Approved Plans
Plan No. Rev. Plan/Document Name Date
BA-01 2 Site Plan, prepared by Eco Cottages 21/02/2023
FE-02 - East/South Overview and East/South Elevation, 29/11/2022
prepared by Eco Cottages
FE-03 - Plan View, prepared by Eco Cottages 29/11/2022
FE-04 - Section - A, prepared by Eco Cottages 29/11/2022
FE-05 - Drying Shed Overview, Plan and Elevation, prepared 29/11/2022
by Eco Cottages
Statutory Process
Change Application - Planning Act 2016
The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
+ The change would not result in a substantially different development because the change relates to
a minor extensions to an existing industrial use;
+ The change would not cause the approval to include prohibited development;
+ The change would not require the application to be referred to a referral agency;
+ There were no referral agencies involved with the original application; and
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+ The change would not cause the application to require public notification.
For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.
Assessment Procedures
In accordance with Section 81 of the Planning Act 2016, in assessing the change application:
(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.
(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;
The original application was submitted on 4 December 2006 under the Noosa Plan 2006 which applied at
the time.
The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
The proposed development would be defined as a Medium Impact Industry under the Noosa Plan 2020.
The subject site is located within the Medium Impact Industry Zone and the Cooroy Local Plan Area. A
Medium Impact Industry Use is assessable against the following benchmarks contained within the Noosa
Plan 2020:
+ Cooroy Local Plan Code;
+ Medium Impact Industry Zone Code;
+ Industry Activities Code;
+ Works Codes.
The proposed development remains consistent with the applicable assessment provisions under the
Noosa Plan 2020. An assessment against the key requirement contained within both the Noosa Plan 2006
and Noosa Plan 2020 is provided below:
Criteria NP 2006 NP 2020 Proposal Complies
Site Area - - 5795.38m² ü
Site cover - - 39% ü
Gross floor area - - 2310m² ü
Landscaped open space 15% min 15% min 24% ü
Landscaping Setbacks 2m front (adjacent 2m front 3m to front and ü
uncovered parking) and (adjacent 4m to sides
3 m side uncovered
parking) and 0m
to side and rear
Building height
2 storeys max 2 storeys max 1 storey ü
• storeys 10 metres 10 metres 4.8-7.9 metres ü
• metres
Boundary setbacks
6 metres min 6 metres min 31.5 metres ü
• Frontage
• Side (north) No setback to industry No setback to 4 metres ü
No setback to industry industry
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• Side (south) No setback to industry No setback to 3.5 metres ü
industry
• Rear No setback to 3 metres ü
industry
Carparking 29 min 29 min 30 min ü
(including 1
disabled
space)
Conclusion
The above report demonstrates that the proposed additions constitute a minor change under the Planning
Act 2016 and appropriately responds to the provisions and intent of the Noosa Plan 2020.
This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,
Marcus Brennan
B. Urb. Reg. Plan.