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3_Minor Change Letter
Date: 26 November, 2024 The Chief Executive Officer Noosa Shire Council PO Box 141 TEWANTIN QLD 4565 Dear Sir / Madam, Application for a minor change to a development approval (pursuant to Section 78 of the Planning Act 2016) at 26 Eenie Creek Road, Noosaville, QLD 4102 (Originally Lot 0 on SP309593 now Lot 22 on SP322201) We write in relation to the development approval issued by Noosa Shire Council (NSC) on 12 March 2021 for the abovementioned site (NSC ref: MCU22/0038.1). The development approval comprises: Development Permit for Material Change of Use of Premises – Commercial Business Type 1 Office & Type 2 Medical. We provide this letter to support the application for a minor change. The minor change relates to amendments to the overall parking rate of the site to accommodate fire safety systems and ensure compliance with current design requirements. The proposed change constitutes a minor change under the Planning Act 2016 (the Act). Changes are not proposed to the significant elements such as the use types undertaken on the site, the building height or the general appearance of the building. Under Section 78 of the Planning Act 2016, Noosa Shire Council will be the responsible entity for this minor change application. Background The development permit was approved by Noosa Shire Council. The approval is for a commercial building including Type 1 Office and Type 2 Medical uses. The building is two storeys in height and provides parking at grade and within two basement levels. The building is constructed and in the process of being occupied by tenants. A previous minor change was lodged to relocate 93m² of approved GFA from the ground floor to basement level 02 for the purpose of specialised medical treatment. Approval for this change was issued on 18 August 2022.
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Proposed Change
The proposed change seeks to alter the approval to remove two (2) parking spaces to
accommodate the relocation of fire pumps within Basement 1.
Medihub is currently operating under a conditional certificate of occupancy for non-
conformance with the fire pumps and electrical switchboard located together in the same
room. This was despite it being approved by the QFES and Building Certifier in this location
during the detailed design of the project but not approved by the QFES at the final inspection.
The Development has until 25 Feb 2025 to rectify the non- conformance to relocate the fire
pumps immediately outside the room into the adjoining carparks. A copy of this conditional
Certificate of Occupancy is attached for information. The resulting impact of these works is
the removal of two parking spaces for carparking as detailed below.
We note that if these works are not done the development will not be able to continue
operating until completed.
Figure 1: Updated plans removing two parking spaces adjoining pump room
The above change is supported by the attached technical note from SLR Traffic Consulting
supporting the removal of the parking spaces. The technical note determines that whilst
moving the fire pumps will result in a net loss of parking spaces, this loss is not expected to
introduce new impacts or increase the severity of known impacts from a transport
perspective. The proposed changes will not result in a substantially different development to
that previously approved from a traffic engineering perspective.
In the interest of completeness, several GIA items agreed during construction of the building
have been included in this application. These items include:
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1. Alternative arrangement for fire booster/suction enclosure
As previously agreed, the fire booster/suction enclosure has been relocated from the original
position. The enclosure was originally located along the southern boundary of the site parallel
to Eenie Creek Road but this location was determined as inappropriate due to conflicts with
the entry arbor and landscaping. It is considered that the revised location of the booster
presents a better design outcome to the street frontages, being further hidden behind the
proposed landscaping and allows the Fire Brigade to park safely in the driveway.
2. Bicycle parking location
The bicycle parking has been altered to accommodate the new location of the fire
booster/suction enclosure. The rate of bicycle parking is unchanged but these have been
relocated along the western side of the building. The relocated bike parking was agreed to be
GIA and the location of the bike parking spaces agreed to during an on-site inspection with
Council.
3. Adjustment to front entry to accommodate footpath alignment
The Development Approval (Council Ref: MCU22/0038) identifies a new footpath alignment to
the southern and western street frontages. This location, however, conflicts with a number of
existing service assets within the verge and reduces the area for landscaping. The footpath
location is therefore retained in the existing location rather than the approved to avoid conflict
with these assets and increase landscaping area. In order to maintain the existing footpath
alignment, the arbor design (as approved under the DA) has been slightly reduced ensure it sits
inside the property boundary.
4. Plan update to reflect Minor Change to Approval: 132002.220285
The ground level plans have been updated to reflect the approved Minor Change to DA
132002.220285. While non-consequential to this application the change has been identified
during the certification process. On this basis the plans have been updated to reflect this
application for completeness.
5. Changes to the approval documentation and conditions
The description of the approval is to remain unchanged. We anticipate that amendments to
the list of approved drawing and documents will need to include the following:
Table 1: Approved drawings and documents
Plan Number Revision Plan/Document Name Date
0002 R Site Plan, prepared by Buchan 19.11.24
100-B1 N Basement 01, prepared by Buchan 05.11.24
100-B2 O Basement 02, prepared by Buchan 05.11.24
1000 U Ground Floor Plan, prepared by Buchan 19.11.24
1001 T Level 01, prepared by Buchan 19.11.24
1200 L Roof Plan, prepared by Buchan 19.11.24
A-DA-2000 I Sections, prepared by Buchan 09.11.22
3000 N Elevations, prepared by Buchan 19.11.24
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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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
Table 2: Approved conditions
Condition Amendment
2 Condition amended to reflect changes in Table 3.
43 Provision of 96 94 car parking spaces and 10 motorcycle spaces on the site, plus
the SRV loading bay and ambulance bay.
Minor Change
The proposed change to the development approval for revision to the crossover design is
consistent with the definition of a ‘minor change’ under the Planning Act 2016 as outlined
below.
Table 3: Minor change criteria
In accordance with Schedule 2 of the Planning Response
Act 2016, a minor change means, where for a
development approval, a change that:
(i) would not result in substantially different The proposed change does not result in
development; and substantially different development. A detailed
assessment is provided in Table 2.
(ii) if a development application for the The proposed change does not result in elements
development, including the change, were made of prohibited development being introduced to
when the change application is made would not the application.
cause—
(A) the inclusion of prohibited development in
the application; or
(B) referral to a referral agency, other than to The change does not involve referral to extra
the chief executive, if there were no referral referral agencies, other than to the Chief
agencies for the development application; or Executive.
(C) referral to extra referral agencies, other Referral would not be triggered by this change
than to the chief executive; or application other than to the chief executive.
(D) a referral agency, in assessing the The changes would not result in a referral agency
application under section 55, to assess the assessing the application against or having
application against, or have regard to, a regard to new matters.
matter, other than a matter the referral agency
must have assessed the application against, or
had regard to, when the application was made;
or
(E) public notification if public notification was The proposed changes do not result in public
not required for the development application. notification being required.
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Table 4: Substantially different development criteria
In accordance with Schedule 1 of the Response:
Development Assessment rules, a change may
be considered to result in substantially different
development if any of the following apply to the
change:
(a) involves a new use; or The proposed change does not introduce a new
use.
(b) results in the application applying to a new The proposed change does not introduce a new
parcel of land; or parcel of land.
(c) dramatically changes the built form in terms of The proposed change does not dramatically
scale, bulk and appearance; or change the bulk form of the building with only
minor works being undertaken to the arbor and
booster.
(d) changes the ability of the proposed The proposed change does not prevent the
development to operate as intended; or development operating as intended. The change
is to allow the building services to achieve
compliance and the supporting documentation
supports the reduced rate of parking as a result.
(e) removes a component that is integral to the The alterations proposed does not remove a
operation of the development; or component that is integral to the operation of the
development. As demonstrated in the attached
letter by SLR Consulting the reduced parking rate
will not result in a substantially different
development to that previously approved from a
traffic engineering perspective.
(f) significantly impacts on traffic flow and the The proposed change is not anticipated to impact
transport network, such as increasing traffic to traffic flow or the ability to access the site. This
the site; or item is supported by the attached letter provided
by SLR Consulting.
(g) introduces new impacts or increase the severity The amendments will not result in any new
of known impacts; or impacts or increase the severity of known
impacts.
(h) removes an incentive or offset component that No offset or incentive is removed as part of the
would have balanced a negative impact of the change.
development; or
(i) impacts on infrastructure provisions. The change does not affect the infrastructure
provisions on the site.
Referral agencies
In accordance with Section 80(1)(a) of the Planning Act 2016, no affected entities are required
to be notified of this minor change application. Referral was triggered to the chief executive,
who is not required to be notified of this minor change application.
Supporting information
In support of this application, the following information will be provided to satisfy the
requirements of Section 79 of the Planning Act 2016:
DA Form 5
Land owners consent from the body corporate
Amended architectural plans by Buchan Architecture
Traffic Advice by SLR Consulting
Conditional Building Approval
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Conclusion We write in relation to proposed alterations to the approved Material Change of Use at 26 Eenie Creek Road, Noosaville. We are of the opinion that the proposed alterations meet the criteria to constitute a Minor Change within the meaning of Schedule 2 of the Planning Act 2016. We therefore request that the change is assessed and decided pursuant to Section 83 of the Act. Thank you for considering the requested change to the abovementioned development approval. Should you have any queries regarding this matter, please do not hesitate to contact me. Sincerely, Sam Tatham Development Manager Stockwell