Delegated Report MCU14/0102.04

DELEGATED REPORT
PLANNING

REQUEST TO CHANGE DEVELOPMENT APPROVAL

Application No:	MCU14/0102.04
	
Author:	Glen Conforti -
	
Project Director:	Glen Conforti - Development Planner
	

APPLICATION DETAILS
Application Number:	MCU14/0102.04
Applicant:	Inline Property Development P/L TTE
Request Received Date:	18 November 2016
Original Approval Type:	Development Permit for Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage
Number of Submissions for Original Application:	14 properly made (1 objection and 13 in support)

PROPERTY DETAILS
Property Address:	139 Eumundi Noosa Rd NOOSAVILLE  QLD  4566
RP Description:	Lot 4 SP 159610 and Lot 31 SP 170751
Land Area:	7740m²
Existing Use of Land:	Development currently under constrcution

STATUTORY DETAILS
SEQRP Designation:	Urban Footprint
Planning Scheme:	The Noosa Plan (16 September 2013)
Planning Locality:	Noosaville Industry zone
Planning Zone:	
Assessment Type:	Urban Footprint

PROPOSAL:

The application seeks approval to change the north and western building face to include some architectural depth to the northern façade and graphics to the eastern façade to improve the developments streetscape appeal. The improvements include timber battening to the northern elevation and graphics to the eastern elevation which match those approved on the northern elevation.
[Note: state the specific IDAS components of the application (eg. a Development Permit for Material Change of Use (Office)).

BACKGROUND:
A Development Permit for Material Change of Use for various industrial businesses, a service station/convenience shop and a food outlet and Operational Works for signage was issued on 4 June 2015 and took effect on 10 August 2015.
At the time, the original application was publicly notified 14 properly made submissions were received (1 objection and 13 in support). The objection was primarily concerned with car parking, traffic generation, fuel storage and the financial viability of existing food outlets.
On 24 September 2015 Council approved a change to the approval which primarily consisted of including a vehicle drive through to the rear of the food outlet and minor changes to floor areas and car parking.

On 23 October 2016, Council approved a change to the approval to remove Retail Business Type 6 – Hardware Store from the Material Change of Use approval.

On 14 March 2016, Council approved a change to the approval for minor built form changes to the entertainment and dining business use and changes to the signage on site.

On 26 August 2016, Council approved a Material Change of Use to include a showroom within the commercial complex.

STATUTORY PROCESS:

The applicant has requested to make a change to a development approval under s369 of the Sustainable Planning Act 2009.  A request to change a development approval under s369 can only be made in circumstances where that change would constitute a ‘permissible change’.

The proposed change to the development approval requested by the applicant is determined to constitute a permissible change on grounds that:
The change would not result in a substantially different development because the change is a minor built form change.
The change would not require the application to be referred to additional concurrence agencies;
The original application was impact assessable and the proposed changes would not likely cause a person to make a properly made submission because the change is of a minor nature.
The change would not cause the approval to involve prohibited development.

On this basis, the applicant has followed lawful process in making a request under s369 of the Act.

ASSESSMENT:
The changes to the façades improves the streetscape appeal of the building and raise no concern. There is no change to any of the key development parameters of the development. A change to Condition 2 is required to reflect the plan changes to the northern and eastern elevations.

RECOMMENDATION

APPROVE the request to change a development approval, Application No. MCU14/0102.04 situated at 139 Eumundi Noosa Rd NOOSAVILLE QLD 4566, in accordance with the following details for the Decision Notice.

In relation to the request to make a change to the existing approval, Council decided to:

A.	Agree to Change Condition 2 to read as follows:

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.	Rev.	Plan/Document Name	Date
DA-01-01	P	Site layout, prepared by Powe Architects	25/02/2016
DA-01-02	J	Site – Roof & Signage Location Plan, prepared by Powe Architects	25/02/2016
DA-02-01	G	Floor Plans, prepared by Powe Architects	25/02/2016
DA-02-02	D	Floor Plans, prepared by Powe Architects	9/10/2015
DA-03-01	G	Elevations, prepared by Powe Architects as annotated by Council	15/11/2016
DA-03-02	G	Sections, prepared by Powe Architects	15/11/2016
SD-01	F	Landscape Concept Plan and Section, prepared by DFS Group	05/08/2015
SD-02	F	Landscape Concept Plan and Elevation, prepared by DFS Group	05/08/2015
SD-03	F	Design Intent & Suggested Plant Palette, prepared by DFS Group	05/08/2015
SK07	P8	Prop. Building Elevations & Perspectives, prepared by Verve Building Design & Concepts	22.02.2016

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