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Minor Change Request

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Monday, 8 May 2023

Our Ref: 22544
Council Ref: MCU19/0017.03, RAL19/0004.03


        NOOSA COUNCIL
        PO BOX 141
        TEWANTIN QLD 4565

        ATTENTION: Development Assessment


Dear Sir/Madam


MINOR CHANGE APPLICATION

DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE (COMMERICAL BUSINESS TYPE 1
OFFICE, TYPE 2 MEDICAL & ANCILLARY DWELLING UNIT) AND RECONFIGURATION OF A LOT

36 - 40 HOFMANN DRIVE, NOOSAVILLE
LOT 6 ON SP319209

In relation to the abovementioned Development Approval, MCU19/0017.03 & RAL19/0004.03, originally
granted Noosa Council on 17 October 2019 and changed on 16 February 2023, on behalf of Trident Group
Holdings Pty Ltd, we hereby make a change application pursuant to Section 78 of the Planning Act 2016.

Please find attached the following documentation to facilitate Council’s assessment of the request:
    • Planning Act Form 5;
    • Landowners Consent;
    • Amended Proposal Plans.

PROPOSED CHANGE
Detailed design plans have now progressed for operational works and building approval. As a result of this
more detailed design further minor changes are required to more appropriately locate plant and equipment,
and waste servicing and to improve the functionality of the carpark layout. In additional overall building
height has reduced by about 1m.

A summary of the proposed changes as reflected in the amended proposal plans are as follows:

Ground floor

Southern frontage landscape
• Electrical PMT has been relocated to Southern end of the site closer to the existing service connection.
• Footpath has been reconfigured and replaced with landscape.
• Carparking has been reconfigured to allow for access to PMT and provide additional car bays to front of
   site ie. convert 2 bays to 8 bays.

Northern frontage landscape
• Mobile generator pad has been removed and replaced with landscaping
• Original electrical PMT location and paths have been replaced with landscaping.
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Internal Tenancy and Service areas
• Tenancy areas have been reviewed to better reflect tenant requirements. Some area adjustments have
    been undertaken while ensuring overall tenancy area remains same as current approval
• Service and mechanical plant areas have been reviewed. As a result of Health recommendations
    associated with the radiation bunker emissions, the service areas and bike store shown in the approved
    plan below the bunker have been relocated. The original waste loading dock area has been rationalised,
    with the services relocated to this area. In support of the design rationalisation an updated waste
    management plan is attached. This waste management plan confirms that the reconfigured bin store
    area is sufficient to accommodate the proposed use.

Driveway entrance
• Driveway entrance has been reconfigured to remove ramping.
• Driveway entrance has been reconfigured for to allow provisions for external service vehicle loading
    area.
• The designated loading bay is positioned adjacent to the bin store to facilitate waste collection. Waste
    collection vehicle manoeuvring is still achieved within the site.
• The car parking area off the driveway has been reconfigured to improve legibility The plans show swept
    paths for the blind aisle turning areas

Level 1

•   Open walkway connecting buildings has been moved further back into the site. A new landscape planter
    has been added to front of walkway.
•   Plans show proposed tenancy breakup.
•   The eastern row of tandem carparks have been removed and reconfigured as standard carparks at
    ground level and which allows windows to external walls of tenancy providing natural light.
•   Additional planting / planter beds added to L1 Carpark
•   Southern plant deck has been relocated within the existing roof providing better opportunities for
    screening.
•   Additional landscape planters created along walkway between buildings


MINOR CHANGE
The Planning Act 2016 defines a minor change for a development approval as a change to the approval that
would not result in a substantially different development.

The DA Rules state:

In determining whether the proposed change would result in substantially different development, the
assessment manager or referral agency must consider the individual circumstances of the development, in
the context of the change proposed.


    Description / Provisions                       Comment / Response
    A change may be considered to result in a substantially different development if the proposed
    change:

    •     Involves a new use; or                     No new use is proposed.
    •     Results in the application applying to a   No new land is included as part of the
          new parcel of land; or                     application.
    •     Dramatically changes the built form in     The proposed changes do not dramatically
          terms of scale, bulk and appearance; or    change the built form in terms of scale, bulk
                                                     and appearance.
    •     Changes the ability of the proposed        No changes are made to the proposed
          development to operate as intended (for    development to impede its operations.

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        example, reducing the size of a retail
        complex may reduce the capacity of the
        complex to service the intended
        catchment); or
    •   Removes a component that is integral to         The proposed changes do not involve
        the operation of the development; or            removal of a component that is integral to
                                                        the operational of the development.
    •   Significantly impacts on traffic flow and the   The proposed changes will not result in
        transport network, such as increasing           significant impacts on traffic flow and the
        traffic to the site; or                         transport network, such as increasing traffic
                                                        to the site.
    •   Introduces new impacts or increases the         The proposed change does not introduce
        severity of known impacts; or                   any new impacts, nor will it increase the
                                                        severity of known impacts.
    •   Removes      an    incentive    or    offset    No     incentive    or   offset  components
        component that would have balanced the          incorporated.
        negative impact of the development; or
    •   Impacts on infrastructure provisions.           The proposed development does not impact
                                                        upon infrastructure provisions.

The original application did not trigger any referral agency assessment and no referral agency assessment is
now triggered with the changes.

ASSESSMENT

Pursuant to Clause 81 (4) & (5) the responsible entity must consider the statutory instrument, or
other document, as in effect when the development application for the development approval was
properly made.

However, the responsible entity may give the weight the responsible entity considers is appropriate,
in the circumstances, to—
    (a)     the statutory instrument or other document as in effect when the change application was
            made; or
    (b)     if the statutory instrument or other document is amended or replaced after the change
            application is made but before it is decided—the amended or replacement instrument or
            document; or
    (c)     another statutory instrument—
            (i)     that comes into effect after the change application is made but before it is
                    decided; and
            (ii)    that the responsible entity would have been required to consider if the instrument
                    had been in effect when the development application for the development
                    approval was properly made.

Comment: The original application was lodged and approved under the superseded Noosa Plan 2006. The
proposed changes do not offend any provisions of the superseded Noosa Plan 2006.

The proposed changes have also been assessed below against the relevant sections of the current Noosa
Plan 2020, being the Noosaville Local Plan, Major Centre Zone, Business Activities & relevant works codes.
In summary, it is considered that the development remains consistent with the original application.

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Noosaville Local Plan Code
   • Development in the Noosaville Local Plan Area generally (All Zones) – Proposed changes remain
      consistent with all relevant Acceptable & Performance Outcomes.
   • Built Form and Streetscape – Proposed changes remain consistent with all relevant Acceptable &
      Performance Outcomes.
   • Centres and Services – Proposed changes remain consistent with all relevant Acceptable &
      Performance Outcomes.

Major Centre Zone Code
   • AO16.1 (b) (iii) – Building height will be lowered 1m from current approved plans.
   • PO18 (b) (ii) – Plot ratio remains compliant.
   • AO19.1 (b) / Other boundaries - Front and side setbacks remain compliant.
   • Design and Streetscape – Proposed changes remain consistent with all relevant Acceptable &
       Performance Outcomes.
   • Landscaping – Proposed changes remain consistent with all relevant Acceptable & Performance
       Outcomes.
   • Safety and Amenity – Proposed changes remain consistent with all relevant Acceptable and
       Performance Outcomes.
   • Car Parking and Access - Proposed changes remain generally consistent with all relevant
       Acceptable and Performance Outcomes.
   • Pedestrian and Cycling Connectivity – Proposed changes remain consistent with all relevant
       Acceptable and Performance Outcomes.
   • Environment and Heritage – Proposed changes remain consistent with all relevant Acceptable and
       Performance Outcomes.
   • Infrastructure – Proposed changes remain consistent with all relevant Acceptable and Performance
       Outcomes.
   • Additional Provisions for the Noosa Business Centre Precincts – Proposed changes remain
       consistent with all relevant Acceptable and Performance Outcomes.

Business Activities Code
   • Location – Proposed changes remain consistent with all relevant Acceptable & Performance
      Outcomes.
   • Effects of Use – Proposed changes remain consistent with all relevant Acceptable & Performance
      Outcomes.
   • Infrastructure – Proposed changes remain consistent with all relevant Acceptable & Performance
      Outcomes.
   • Building Design and Siting – Proposed changes remain consistent with all relevant Acceptable &
      Performance Outcomes.
   • Landscaping – Proposed changes remain consistent with all relevant Acceptable & Performance
      Outcomes.
   • Amenity and Safety – Proposed changes remain consistent with all relevant Acceptable &
      Performance Outcomes.

Works Codes
   • Driveways and Parking Code
         o Driveways – Vehicular access remains consistent with the existing approval in terms of
            location, width and standards. Any changes remain consistent with code and planning
            scheme requirements.
         o Parking and Manoeuvring – The number of car parking spaces motorcycle spaces, bicycle
            spaces and loading bays remain compliant with Performance Outcome PO6. Small car bays
            are compliant with Australian Standard.
         o Waste loading dock / servicing area revised to allow sufficient height clearance.
         o Swept path diagrams for the carpark changes have been provided.

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    •   Earthworks Code – Proposal remains consistent with all relevant Acceptable & Performance
        Outcomes.
    •   Existing Services Code – Proposal remains consistent with all relevant Acceptable & Performance
        Outcomes.
    •   Fire Services for Common Private Title Code – Proposal remains consistent with all relevant
        Acceptable & Performance Outcomes.
    •   Landscaping Code – Proposal remains consistent with all relevant Acceptable & Performance
        Outcomes.
    •   Sustainable Building Design Code – Proposal remains consistent with all relevant Acceptable &
        Performance Outcomes.
    •   Transport Code – Proposal remains consistent with all relevant Acceptable & Performance
        Outcomes.
    •   Water Quality and Drainage Code – Proposal remains consistent with all relevant Acceptable &
        Performance Outcomes.
    •   Waste Management Code – Proposal remains consistent with all relevant Acceptable &
        Performance Outcomes.

CONCLUSION
The proposed change does not compromise the intent of the original approval and continues to comply with
the provisions of the Noosa Plan 2020.

Approval of the minor change is warranted.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.

Yours faithfully
PROJECT URBAN




Scott Sobey
DIRECTOR
Email: [email protected]

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