Minor Change Report 131999.982597.1

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Maxwell Potter/Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	131999.982597.1
Development Approval	16015 DA
Applicant	EarthCert Pty Ltd
Request Received On	6 May 2021
Report Reviewed By	Patrick Murphy
Decision Due Date	3 June 2021

PROPERTY DETAILS
Property Address	Noosa Aquatic Centre 6 Girraween Ct, Sunshine Beach Qld 4567
RP Description	Lot 1 SP 208258
Land Area	23,438m2
Existing Use of Land	Skate Park Facility

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Recreation and Open Space
Precinct	Not applicable
Local Area Plan	Coastal Communities
Overlays	Bushfire Hazard Overlay – Potential Impact Buffer Landslide Hazard Overlay – Moderate Hazard Area Biodiversity, Waterways and Wetlands Overlay (does not apply to subject area)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval 16015 DA – Skate Park Facility by developing a shade structure over the part of the existing skate park.
The proposed 180m2 shade structure is supported by 3 x 6.35m poles and extends form the 2 existing walls at the north side of the site. The proposed shade sail will provide shade for the main skate bowl and mini skate bowl.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 2 – Site Plan

Figure 3 –Plan View

Figure 4 – Elevations

Figure 5 – Axonometric View

background
In 1999, the subject site received planning approval for a Rezone from Future Urban to Special Facilities (Neighbourhood Shopping Centre in Accordance with Plan of Development NO.40) (51995.1713, 10391 TR & R 571).
A development permit for a skate park facility was issued by council in 1999 (16015 DA).
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; and
The Noosa Plan 2020.
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 is no change the existing uses on the site and the additional structure is minor in comparison to the extent of built form on the site;
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.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Recreation and Open Space Zone Code;
Coastal Communities Local Plan Code;
Recreation Activities Code;
Works Codes;
Bushfire Hazard Overlay
Landslide Hazard Overlay
The relevant matters are discussed below:
Setbacks
Acceptable Outcome AO18.1 of the Recreation and Open Space Zone Code seeks that buildings and roofed structures are set back at least:
20 metres from street frontages;
4.5 metres from the internal roads;
3 metres from another building on the same site;
Allow for landscaping and the retention of existing trees;
Help protect the natural character and visual amenity of the Noosa River system and other watercourses.
The proposed shade sail is located within 3 metres of a building on the same site. It is therefore considered that the proposal does not meet Acceptable Outcome AO18 of the Recreation and Open Space Zone Code.
Therefore, the application is assessed against the corresponding Performance Outcomes PO18 of the Recreation and Open Space Zone Code. Performance Outcome PO18 states buildings and structures are appropriately sited so as to:
Maintain to open space character and amenity of the site;
The shade sail structure will provide shade for approximately 180m2, whilst the overall area of the skate park facility is approximately 1250m2. It is therefore considered that the proposed structure maintains the open space character and amenity of the site.

Provide amenity for users of the premises as well as preserve the visual and acoustic
The skate park facility currently exhibits an insignificant amount of shade for users of the premises.  The proposed structure will provide approximately 180m2 of shade for the skate park facility. In addition, the proposed structure will adjoin the northern and eastern walls and will not influence the existing vegetation. As such, the shade sail will, increase the amenity of the premises and preserve the visual and acoustic amenity of the facility.

amenity of adjoining and nearby properties;
The adjoining and nearby properties of the skate park facility include the Noosa Aquatic Centre, Noosa Tennis Club and Sunshine Beach State High School. The proposed shad sail structure will adjoin the outer walls and project away from the Noosa Aquatic Centre. Moreover, the Noosa Tennis Club and Sunshine Beach State High School are located 30 metres to the south and 110 to the east respectively. It is therefore considered that the proposal will not adversely affect the amenity of the adjoining and nearby properties.

Provide adequate separation form adjoining land uses;
The proposed shade sail is located approximately 30 metres north of Sunshine Beach State High School and 110 metres west of the Noosa Tennis Club. As such, it is considered that the proposal provides adequate separation from adjoining land uses.

Allow for landscaping and the retention of existing trees;
The proposed shade sail will adjoin 2 existing walls and project over an existing impervious area. The proposal will not require the removal of existing trees and will not diminish the possibility of future landscaping on the site.

Help protect the natural character and visual amenity of the Noosa River system
Not applicable.

Height
Acceptable Outcome AO15.1 of the Recreation and Open Space Zone Code seeks that buildings and structures are no more than 8 metres in building height (for buildings) and height (for structures) measured form the ground level.
The proposed structure requires 3 x 6.35m poles to support the shade sail and therefore complies with Acceptable Outcome 15.1 of the Recreation and Open Space Zone Code.

Amenity
Acceptable Outcome AO22 of the Recreation and Open Space Zone Code and Performance Outcome PO5 of the Recreation Activities Code seek to void shade and facilitate for the safe operation of an activity.
Acceptable Outcome AO22 of the Recreation and Open Space Zone Code requires that a reasonable level of shade is provided over public facilities (such as seating, tables and chairs and playground equipment) to improve the amenity and aesthetics of the facilities and filter or block ultraviolet radiation. Performance Outcome PO5 of the Recreation Activities Code states that recreation activities, including buildings, structures, ancillary uses and car parking are sited and designed to ensure the efficient and safe operation of the activity and safe access to users.
The skate park facility currently lacks amenity and exhibits minimal shade for users. The lack of shade currently provided at the skate park reduces the capacity for users of the premises and creates adverse safety concerns from ultra violet radiation. The proposed shade sail will provide approximately 180m2 worth of shade to the northern corner of the site and partially cover the bowl and mini bowl. The proposal will enable users an area that is protected from ultra violet radiation and therefore increases the safe operation of the activity.
As such, the proposal is considered to comply with Acceptable Outcome AO22 of the Recreation and Open Space Zone Code and Performance Outcome PO5 of the Recreation Activities Code and therefore supported by Council.

cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
Not applicable
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 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 131999.982597.1, to make a minor change to an existing approval for 131999.982597 situated at Noosa Aquatic Centre 6 Girraween Ct Sunshine Beach Qld 4567 described as Lot 1 SP 208258, Council on 28 May 2021decided to:
A.	Approve the change.
B.	Include the following additional conditions:
NEW CONDITION 21 MAY 2021
Approved Plans
19.	Development undertaken in accordance with this approval must generally comply with the approved plans or development.  The approved plans are numbered:
Plan / Document No.	Rev.	Plan / Document Name	Date
S01	3	Engineering Drawings General Arrangements, prepared by Design Intension	22.04.2021
S02	2	Engineering Drawings General Arrangements, prepared by Design Intension	22.04.2021
S03	2	Engineering Drawings General Arrangements, prepared by Design Intension	22.04.2021

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