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3_Minor Change Letter

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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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Page 2

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:

Page 3

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

Page 4

       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.

Page 5

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

Page 6

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

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