Council archive · source document
16992 DA Change to existing approval · 132000.200451.2
N11NRdiIVV'VI^I'NN ^
Ic
8 December 2010 kh a
DEVELOPMENT
M A N A G E R S
Our Ref: 10985
Council Ref: 16992DA & 20779DA / Office: Sunshine Coa
Sunshine Coast Regional Council
Locked Bag 72
Sunshine Coast Mail Centre Qld 4560
ATTENTION: Planning Assessment Development Counter
Dear Sir/Madam
- 9 DE C 2010
REQUEST TO CHANGE DEVELOPMENT APPROVAL
DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE Maroochydore
23 HASTINGS STREET, NOOSA HEADS
Please find enclosed the following in support of a request to change a development approval:
n Request to change an existing approval form;
n Owner consent;
n Amended floor plan and elevation of changed tenancy area; and
• A cheque for the required application fee of $1,067.00. fcc s 463
Box:19812 2C7Y[S....
THE PROPOSED CHANGES
The request seeks Council's approval for a change to the development approval under section 369 of the
Sustainable Planning Act. The proposed change is an 11.91m2 increase in floor area of the ground floor
tenancy through the infill of a recessed section along the eastern side of the building. The change
relates both to the original development approval for the site (16992DA) and a subsequent development
approval for use of the ground floor tenancy for a real estate office (20779DA).
The proposed change will not change the approved use of the site; will not increase site cover and will
have negligible visual impact. It is noted that condition 1.7 of 16992DA requires that the retail area is
not to exceed a maximum use area of 115m2. As indicated on the attached plan, the proposed total use
area with the additional 11.91m2 is 100m2. As such the additional floor area is consistent with the
original approval and does not trigger the need for any additional carparking or development
contributions.
SUSTAINABLE PLANNING ACT 2009
The Sustainable Planning Act 2009 stipulates circumstances under which a Change to a Development
Approval can be considered by the Assessment Manager.
A permissible change, for a development approval, is a change to the approval that would not-
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change-
(i) require referral to additional concurrence agencies; or
PLANNING I SURVEYING I PROJECT MANAGEMENT I COURT APPEALS.
Moreton Bay Sunshine Coast North Oueensland
18/42 King Street, Caboolture Old 4510 Suite 1. Corner Surf Road & Gardak Street 1 C/41 Sturt Street, Townsville Old 4810
PO Box 1712. Caboolture Old 4510
p 1 07 5495 5318 r 1 07 5495 5317
Alexandra Headland Old 4572
PO Box 6380, Maroochydore BC Old 4558
p 1 07 5443 2844 r 1 07 5443 7146
PO Box 5027, Townsville Old 4810
p 1 07 4721 3066 r 1 07 4721 3088
Ken Hicks & Associates Pty Ltd ACN 010 278 823 ABN 74 308 405 611 trading as KHA Development Managers
ia.
See the original
The page text is free to read. Viewing or downloading an original file needs an account.
Log in to see the originalFull text of the other 11 pages
Page 2
2
(ii) for an approval for assessable development that previously did not require impact assessment
require impact assessment; or
(c) for an approval for assessable development that previously required impact assessment-be likely, in
the responsible entity's opinion, to cause a person to make a properly made submission objecting to
the proposed change, if the circumstances allowed; or
(d) cause development to which the approval relates to include any prohibited development.
The proposed change meets this criterion as follows:
• The change does not result in a substantially different development;
• There were no concurrence agencies with the original applications. We note that DERM would now
be a concurrence agency (coastal management district) if a new application were made today. In
relation to this matter it is noted that the state's guideline "From IPA to SPA, A compressive guide to
what's changed" states,
The new provisions also clarify that what is relevant is whether it is the change itself which causes
the need for referral to additional concurrence agencies or impact assessment. It is not the intention
to prevent a change being made simply because, since the original application was made, there has
been a change to the applicable law which has the effect that the application as originally made
would now trigger additional concurrence agencies or require impact assessment. It is only intended
to prevent changes being made if the change itself is the reason why the new concurrence agency is
triggered or impact assessment is required.
In this regard, it is noted the site always adjoined the coast line and was within an erosion prone
area under the control of the Beach Protection Authority (BPA) prior to the BPA forming part of
DERM and becoming a concurrence agency under IPA and SPA. Further condition 27 of 16992DA
required approval to be obtained from the Beach Protection Authority for buildings and other
structures proposed to be located with the Coastal Management Control District. This was obtained
prior to building works. Therefore as approval has already been obtained from the precursor to the
current referral agency, the change does not necessarily cause the need for the additional
concurrence agency;
• The original Development Applications were subject to Impact Assessment;
• The change is negligible; is consistent with the approved allowable floor area; and is unlikely to
cause a person to make a properly made submission if the circumstances allowed; and
• Does not include any prohibited development.
In light of the above, it is considered that the proposed change which complies with the provisions of the
Sustainable Planning Act 2009, is minor in nature, does not change the approved use of the site and
does not offend the intent of the original approval. Approval of the request to change the development
approval is therefore warranted.
Should you have any questions with respect to the above, please do not hesitate to contact me direct.
Yours faithfully
KHA DEVELOPMENT MANAGERS
Page 3
,, Sunshine
Regional Council
Coast Request to Change Existing Approval and/or
Extension to Relevant Period
NOTES: Which entity issued the approval?
ALL questions MUST be completed unless the form indicates Sunshine Coast Regional Council (PLC-,* c1X) l t-)
otherwise. Other entity - please specify:
This form must be submitted to Council accompanied by the
Is the approval for a mobile and temporary ERA?
applicable fee.
Attach extra pages if there is insufficient space on the form. No
If Council was the Assessment Manager for the existing approval, Yes - complete below
and the approval was issued by the Court, then:-
Insert the name of each local government area in which the
(a) a request to change the development approval and/or mobile and temporary ERA is proposed to
conditions is mode to the Court, and
operate/operating.
(b) a request to extend the relevant period for the approval is
mode to Council.
All terms used on the form have the meaning given in the
Sustainable Planning Act 2009 or the Sustainable Planning
Regulation 2009. 3. Nature of request
Please tick ALL applicable categories
1. Details of the person making the request
To change the development approval
Full name - individual or company To change the development conditions
-HEP^}21 LT To extend the relevant period before lapsing
1
Contact name -for company Please attach documentation outlining the details of
and the reasons and justification for the requested
&-oir ScN3E1^
change or extension.
Postal address
G/- (}IA- VE^,IJI't^G.T[^ T` A4 EKS
1 Location of the premises l
Pa x 6360 ' SAKE Street address
&T) Postcode 1-SEe Unit no. Street no. Street name
Contact phone number Fax number - if applicable
WSTt1i43 S ST
Suburb Postcode
N 5 67
Mobile number - if applicable
0-ro -775 35 Lot and plan description
Lot no. Plan type & plan no.
E-mail address - if applicable
1 SP (3-166
scan-. iSa* Q, kIIAW%Ck6 . cowl . IQ CP P 13i 636
2. Details of the existing approval
Type of approval - please tick ALL applicable categories
Development Permit
Preliminary Approval 5. Concurrence Agencies
Compliance Permit Was there one or more concurrence agencies involved in
Material Change of Use the riginal approval?
Reconfiguring a Lot No
Operational Works Yes - provide details below
Building Works Note - Under s372 of the Sustainable Planning Act 2009 the person
Plumbing or Drainage Works making the request is required to give a copy of this request to all
concurrence agencies.
Compliance Certificate
Environmentally Relevant Activity (ERA) Concurrence Agency Date copy given
Application number Date issued
/ /
27 / 1 / 2000
2()-7-19 4- r-1 q-( ZC01
PD-DA-FM401/1-30/04/2010 Page 1 of 2
Page 4
6. Pre-request response notice Does the request involve a State resource
prescribed under the Sustainable Planning
Has a pre-request response notice been given by a relevant
Regulation 2009, Schedule 14?
entity (e.g. a concurrence agency) for this request?
7 No 7 No
Yes Yes - complete Table C below
If yes, please attach a copy of the notice.
Table C - State owned resource
Nature of State owned resource
C Owner's consent I
Is the owner's consent required for this request?
No Nature of evidence required
Yes - complete either Table A or Table B below Evidence of allocation of /entitlement to, the resource
Note - If more than one owner of the land all owners' details are Evidence the chief executive has agreed to the request
required.
Attach a copy of the evidence required above.
Table A - owner's consent provided on form
Owner's name/s NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires
I/We, the above-mentioned owner/s of the land, consent to that if an application for the development approval were made at
the making of this request. the time of making this request and evidence under section 264(1) of
Signature/s the Sustainable Planning Act 2009 would be required to support the
application, this request must be accompanied by the written
Date agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a
development involves a State resource, a regulation may require the
Table B - owner's consent attached application to be supported by certain evidence prescribed under
I
Owner's name/s -HERH1?A4i ?Ty LTD * TftE regulation. Schedule 14 of the Sustainable Planning Regulation 2009
GOQ k t 2, W!i51 5 1 prescribes the State resources for which evidence is required to be
given, and the evidence required, to support the application.
The owner's written consent is attached.
Applicant's declaration
NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the
person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's
consent.
However, owner's consent is not required if the approval:
By making this request, I #ecl$re that all information in this
• relates to land the was acquisition land to which section
263(2)(d) of the Sustainable Planning Act 2009 applied when request is true and correct.
the application for the approval was made; or
• is for building work or operational work for the supply of
community infrastructure on land designated for the
community infrastructure; or
• the consent of the owner would not be required under section
263(1) of the Sustainable Planning Act 20091f a development
application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is
satisfied that.
• the number of owners of the land make it impractical to obtain
owners' consent, and the requested change does not materially
affect the owners' land; or
• having regard to the nature of the proposed change, the owner
has unreasonably withheld consent and the requested change
does not materially affect the owner's land.
PD-DA-FM401/1-30/04/2010 Page 2 of 2
Page 5
Our Ref: 10985
Sunshine Coast Regional Council
Locked Bag 72
SCMC QId 4560
Dear Sir/Madam
OWNER'S CONSENT
REQUEST TO CHANGE AN EXISTING APPROVAL
23 HASTINGS STREET, NOOSA HEADS
LOT 1 AND COMMON PROPERTY ON SP137636
We HEPHZIBAH PTY LTD A.C.N. 068 183 291 as owner of premises at 1/23 HASTINGS
STREET, NOOSA HEADS, described as LOT 1 ON SP137636, hereby consent to the
making of a development application under the Sustainable Planning Act 2009 by KHA
Development Managers for the abovementioned application.
Date...`... . .................
Date ...................................
Page 6
Our Ref: 10985 Sunshine Coast Regional Council Locked Bag 72 SCMC QId 4560 Dear Sir/Madam OWNER'S CONSENT REQUEST TO CHANGE AN EXISTING APPROVAL 23 HASTINGS STREET, NOOSA HEADS LOT 1 AND COMMON PROPERTY ON SP137636 We THE BODY CORPORATE 23 HASTINGS STREET as owner of premises at 23 HASTINGS STREET, NOOSA HEADS, described as COMMON PROPERTY ON SP137636, hereby consent to the making of a development application under the Sustainable Planning Act 2009 by KHA Development Managers for the abovementioned application. .........feJ?'.......... ...... Date...... ^..l^.Z.: ^.1.... NAM E. ..................................................................................... Date................................... NAME: (D1 E TOR)
Page 7
PODIUM . . R1. 4.60
DRIVEWAY
-7 1 77 -71
110 w70 #110 R.L. 4.70 SWITCH
S1MRS
ua
RETAIL 1 TUA 100m2 VOID
300 R.L. 4.70 engineer to ENTRY R.L. 4.65
0 90 110
suspect that wall Is review - CARPARK BELOW
required for possibly can
01 structure - engineer
R.L. 3.28 to confirm.
demolish this
o wall.
0
Qi
required
circulation
zone for R.L. 4.68
LIFT
A51428.1 a
n
-new ass sliding , u Lt1.91e2
dooriwindow
1+
in
1:14 1:40 1:40 1:14 THE WALKWAY 1:40 1:14 1:100
N
1:14 1:100
2,98 3.18 3.21 3.56 3.59 4.23 4.28 4.40 4.453 4.61
cobble-stone tile - 100 x 100. cobble-stone tile - 109 x 100
With 300x300 boarder tile b 1,250 b 1,500 b 5,550 1! 1,400 With 300x300 boarder tile
STAIR LANDING RAM P LAG N4
190 190 150 150
5,410 11140 194 2300 1900 2050 2,080 7;50 8,090 450
0 STAIR190
`1k11 LIFT
190 190
2,400 5,410 400 3400 2990 400 3,335 400 k1,100 1025 190
9,790 8225 3305 4620 9660
4 A' A' A' A'
RETAIL LEVEL
^J FLOOR PLAN SCALE 1:100
Project No.: Sheet No.:
Project Name and Address:
2009-09
PTY LTD ARCHITECTS
CRW Foster Old Board Arch. Reg. NO 002793 0 2M 4M 8M
NOT FOR
RICHARDSON & WRENCH
23 HASTINGS STREET
Date:
SK-02
Drawing Title: 13/03/2009
Suite 718 Grebe St
Peregian Beach 0 P 07 5448 3188 CONSTRUCTION RETAIL LEVEL FLOOR PLAN Scale: Issue:
2
POBox86
Peregian Beach 4573
F0754481415
E [email protected] Scale 1 : 100 at A3 SIZE
15-09-2009 1:100 @ A3 /^
P
Page 8
PODIUM R1, 4,60
DRIVEWAY
R.L. 4.70 SWITCH
RETAIL 1 TUA 100m2 VOID
R.L. 4.70 eng i neer to ENTRY R.L. 4.65
suspect that wall is review - CARPARK BELOW
110 required for possibly can
R.L. 3.28 structure - engineer demolish this
to confirm. wall.
0
0
17-71
0
rn
required c to cry\^,, , ' new glass
c1rculation window
zone for riewass
AS n for t. R.L. 4.68 windows
LIL91M
N
N
1:14 1:40 1:40 1:14 1:100 1:14 1:100
2.98 3.18 3.21 3.56 3.59 4.23 4.28 4.40 4.453 4.61
cobble-stone tile - 100 x 100. cobble-stone tile -10^ x 100
With 300x300 boarder tile 1,250 0
1,500 5,550 1400 With 300x300 boarder tile
STAIR LANDING RAMP LANDIN
5,410 1, 190 150
11140 2300 1900 21050 8,090 450 r
4 *11 LIFT
STAIRIgg
2,400 400 400 190
5,410 0 2990 3 335 1 100 1025
9.790 8225 3305 4620 9660
RETAIL LEVEL
FLOOR PLAN SCALE 1:100
fosterdesigns Project Name and Address:
RICHARDSON & WRENCH
Project No.:
2009-09
Sheet No.:
PTY LTD ARCHITECTS
CRW Foster Old Board Arch. Reg. N° 002793 0 2M 4M 9M
NOT FOR 23 HASTINGS STREET
Date:
SK-02
1 310 312 0 0 9
Suite 718 Grebe St
j CONSTRUCTION Drawing Title:
E l
Peregian Beach 0
PO Box 86
Peregian Beach 4573
P0754483186
F 07 54481415
E [email protected]
Scale 1 100 at A3 SIZE 15-09-2009
RETAIL LEVEL FLOOR PLAN Scale:
1:100 @ A3
Issue: []
P
Page 9
PODIUM R.L. 4.60
DRIVEWAY
R.L. 4.70 SWITCH
TAF 0
A
VOID
300 R.L. 4.70 engineer to ENTRY R.L. 4.65
110
suspect that wall is
review - SUP CARPARK BELOW
required for possibly can
structure - engineer 1:20
R.L. 3.28 to confirm. demolish this
wall.
0 --r
m
required Gt3 new glass { Tams
chculation window. 14 UP
zone for R.1468
IL_
V 0
N
1:14 1:14 1:100 1:14 1:100
4
----'ice
2.98 3,18 3,21 3.56 3.59 4.23 4.28 4.40 4.453 4.61 4.64
cobble-stone tile - 100 x 100. cobble-stone tile - 100 x 100
With 300x300 boarder tile . 1,250 t, 1,500 5 550 , 1,400 With 300x300 boarder tile
N STA DING RAMP LANDINd
' 190 150 150 1904670
5,410 11140 1 2300 1900 2,050 W_ 2,080 .450 8,090 450
STAIR190 4 + LIFT
190 400 40011 190
2,400 5,410 3400 3335 4.,100 4.4.1025
4104 4
9,790 8225 3305 4620 9660
4
RETAIL LEVEL
FLOOR PLAN SCALE 1:100
fostercaesigns 10-10 Project Name and Address:
Project No.: Sheet No.:
RICHARDSON & WRENCH 2009-09
PTYLTD
Ptt LTD ARCHITECTS
ARCHITECTS
CRW Foster
Foster Old
Old Board
Board Arch.
Arch.Reg.
Reg.NO
N° 002793 0 2M 4M 8M
NOT FOR 23 HASTINGS STREET
Date:
SK-02
Suite 718 Grebe St
CONSTRUCTION Drawing Title 13/03/2009
Pereglan Beach 0
Peregian Beach P
P 075448 3 186 RETAIL LEVEL FLOOR PLAN Scale:
PO
PO Box 86
88
Pereglan Beach 4573
Peregian
F 07 54461 415
FO)SMB
adminQtosterdesigns.com.au
E aOminQli
Scale 1 100 at A3 SIZE
15-09-2009 1:100 @ A3
Issue: [7
Page 10
w
E
I
EI
T- 1
T
C3.
EAST ELEVATION
ELEVATION SCALE 1:100
fosterdE Project No.: Sheet No.:
I
Project Name and Address:
WRENCH 2009-09
PTY LTD ARCHITECTS
CRW Foster Old Board Arch. Reg. N° 002793 0 2M 4M 8M
NOT FOR 23 HASTINGS
HASTIN
NGS S
S STREET
Date:
Suite 7/8 Grebe St
Peregian Beach 0 P 07 5448 3186 CONSTRUCTION Drawing Title:
EAST ELEVATION
13/03/200 9
Scale:
IJ PO Box 86
Peregian Beach 4573
F 07 54481415
E admi n losterdes gns com.au
Scale 1 : 100 at A3 SIZE 15 -09-2009 1:100@ A3
Issue:
p
Page 11
11
F
\/
/\
II IN
EAST ELEVATION
ELEVATION SCALE 1:100
foster Project Name and Address:
RICHARDSON & WRENCH
Project No.:
2009-09
Sheet No.:
PTY LTD ARCHITECTS
NOT FOR SK-03
d
23 HASTINGS STREET
CRW Foster Old Board Arch. Reg. N° 002793 0 2M 4M 8M C Date:
Suite 7+'8 Grebe St
Peregian Beach 0 P 07 5448 3186
CONSTRUCTION Drawing Title:
EAST ELEVATION
13/03/2009
Scale:
PO Box 86
Peregian Beach 4573
F 07 54481415
E [email protected]
Scale 1 : 100 at A3 SIZE
15 -09-2009 1:100 @ A3
Issue: p
r
Page 12
Ii
U
EAST ELEVATION
ELEVATION SCALE 1:100
foster. Project Name and Address:
RICHARDSON & WRENCH
Project No.:
2009-09
Sheet No.:
PTY LTD ARCHITECTS
CRW Foster Old Board Arch. Reg. N° 002793 0 2M 4M 8M
NOT FOR 23 HASTINGS STREET
Date:
Suite 7,8 Grebe St
CONSTRUCTION Drawing Title: 13/03/200 9
Peregian Beach 0 P 07 5448 3186
EAST ELEVATION Scale:
PO Box 86
Peregian Beach 4573
F 07 54481415
E admin@tosterdes gns.com.au
Scale 1 : 100 at A3 SIZE 15 -09-2009 1:100 @ A3
Issue: p
Used in these records
16992 DA Change to existing approvalRelated documentApplication case desk ↗
About this file
- File size
- 2.8 MB (large file)
- File type
No other editions are linked here.
Original file
Log in to download the original file
The download may take up to a minute.