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Minor Change Request - 101558

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                                                                           11 June 2026

The Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565

Attention: Development Assessment

Dear Sir/Madam,

REQUEST FOR A MINOR CHANGE TO AN EXISTING APPROVAL – MCU17/0568.01
Property Description:         Lot 2 on RP176126
Property Location:            4 Jarrah Street, Cooroy QLD 4563
Development Type:             Development Permit for Material Change of Use –
                              Industrial Type 2 (Production alteration repackaging &
                              repairing)
                              Operational Works (Earthworks, Stormwater Drainage,
                              Vehicle Crossovers, Parking, Erosion & Sediment Control
                              and Landscaping)
Local Government:             Noosa Shire Council
Planning Scheme:              Noosa Plan 2020
Council’s Reference           MCU17/0568.01
Our Reference:                101558
Applicant:                    Noosa Shire Council

1.0   PREAMBLE

On behalf of Noosa Shire Council, and in relation to the abovementioned property, we
hereby request to change the existing approval pursuant to Section 78 of the Planning Act
2016.

This application provides a detailed overview of the ‘proposed change’ and clearly
demonstrates compliance with the minor change criteria set out in Schedule 2 of the
Planning Act 2016. In addition, the completed ‘Planning Act Form 5’ is attached to this
request.

The proposal involves an amendment to Conditions 2, 16, 28, Advisory Note 4 and deletion
of Conditions 83-86. Please note that Council’s prescribed fee, being $3,010.00 will be
paid upon receipt of an application fee invoice and reference number.
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Page 2

2.0       BACKGROUND & OVERVIEW OF ‘PROPOSED CHANGE’


The original Development Approval for an Industrial Business – Type 2 and associated
Operational Works was granted on 2 March 2018, with a Negotiated Decision Notice
subsequently issued on 20 April 2018 (MCU17/0568). The approved development
comprised a total Gross Floor Area (GFA) of 1,992m² and required the provision of 27 car
parking spaces and 6 bicycle parking spaces.

On 5 October 2023, Council approved a Minor Change application to the Development
Approval (MCU17/0568.01), which included:

      •    Retrospective approval for building extensions established at the rear of the
           premises, comprising a beam shop, storage shed, and additional drying shed, with
           a combined area of 366m²; and
      •    A display eco-cottage area located within the north-western corner of the site
           adjacent to the Jarrah Street frontage.

The purpose of the proposed change is to improve site functionality by aligning the
approval with the current as-built site configuration and parking arrangement. Refer to the
Design Plans prepared by Building Suncoast Green, included in Appendix B.

A summary of the proposed changes is provided below:

      •    The approved display village has been removed from the proposal.
      •    The approved drying shed has been removed from the proposal.
      •    The car parking layout has been amended to accurately reflect the existing on-site
           arrangement. The proposed number of parking spaces complies with the parking
           requirements applicable to the site's defined GFA of 708m². Under the current
           Noosa Plan 2020, 12 parking spaces are required. The proposal provides 15
           parking spaces and therefore exceeds the applicable requirement.
      •    In relation to GFA, it is noted that the existing covered beam shed and loading
           areas are unenclosed roofed structures and are therefore excluded from the
           calculation of GFA. Accordingly, only the existing industrial building and storage
           shed contribute to the site's GFA, consistent with the current Noosa Plan and
           Planning Regulation definition of Gross Floor Area:

           "Gross floor area for a building means the total floor area of all storeys of the
           building, measured from the outside of the external walls and the centre of any
           common walls of the building, other than areas used for:
           (a)     building services, plant or equipment;
           (b)     access between levels;
           (c)     a ground floor public lobby;
           (d)     a mall;
           (e)     parking, loading or manoeuvring vehicles; or
           (f)     unenclosed private balconies, whether roofed or not."

As a consequence of the amended proposal, amendments are sought to Conditions 2, 16,
28 and Advisory Note 4, together with the deletion of Conditions 83–86.




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[email protected]                       Murray & Associates (QLD) Pty Ltd                          June 26

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Importantly, the proposed development does not involve any change to the approved land
use of the site. Rather, the proposal results in a reduction in the approved use area and is
therefore less intensive than the existing approval.

As the approved use will continue without modification and at a reduced scale, the
proposal will not generate additional land use impacts. Traffic generation, operational
characteristics, servicing requirements, and the broader planning context remain
consistent with the existing lawful use of the site.

Accordingly, the application should be assessed on the basis that the proposal constitutes
changes to works associated with an existing approved use, rather than a change to the
use itself, and therefore appropriately qualifies as a Minor Change.

An assessment of the proposed change against the Minor Change criteria contained in
Schedule 2 of the Planning Act 2016 is provided in Section 3.0 of this report.

3.0       COMPLIANCE WITH DEFINITION OF ‘MINOR CHANGE’ (SCHEDULE 2 OF PA
          2016)

Schedule 2 of the Planning Act 2016 provides a definition of a ‘minor change’, which
contains a series of criteria to determine what constitutes a ‘minor change’ to an approval
detailed as follows:

minor change means a change that—

      (b) for a development approval—
          (i) would not result in substantially different development; and
          (ii) if a development application for the development, including the change, were
               made when the change application is made would not cause—
               (A) the inclusion of prohibited development in the application; or
               (B) referral to a referral agency, other than to the chief executive, if there were
                   no referral agencies for the development application; or
               (C) referral to extra referral agencies, other than to the chief executive; or
               (D) a referral agency to assess the application against, or have regard to,
                   matters prescribed by regulation under section 55(2), other than matters
                   the referral agency must have assessed the application against, or have
                   had regard to, when the application was made; or
               (E) public notification if public notification was not required for the development
                   application.

An assessment of the proposed change with reference to the above criteria is provided as
follows:

          (i) (The change) would not result in a substantially different development

When determining what constitutes a substantially different development, Schedule 1:
Substantially Different Development of the Development Assessment Rules applies.
Schedule 1 provides a list of criteria that may constitute a substantially different
development as follows:

      ➢    Involves a new use; or
      ➢    Results in the application applying to a new parcel of land; or




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[email protected]                        Murray & Associates (QLD) Pty Ltd                              June 26

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    ➢   Dramatically changes the built form in terms of scale, bulk and appearance; or
    ➢   Changes the ability of the proposed development to operate as intended; or
    ➢   Removes a component that is integral to the operation of the development; or
    ➢   Significantly impacts on traffic flow and the transport network, such as increasing
        traffic to the site; or
    ➢   Introduces new impacts or increase the severity of known impacts; or
    ➢   Removes an incentive or offset component that would have balanced a negative
        impact of the development; or
    ➢   Impacts on infrastructure provisions.

An assessment is provided as follows:

Involves a new use

The ‘proposed change’ does not involve a new use.

Results in the application applying to a new parcel of land

The ‘proposed change’ does not involve a new parcel of land.

Dramatically changes the built form in terms of scale, bulk and appearance

The proposed change does not dramatically change the built form in terms of scale, bulk
and appearance.

Changes the ability of the proposed development to operate as intended

The ‘proposed change’ will not alter the ability of the development to operate as intended.

Removes a component that is integral to the operation of the development

The ‘proposed change’ does not remove a component that is integral to the operation of
the works.

Significantly impacts on traffic flow and the transport network, such as increasing traffic to
the site

The proposed change will have no impact on traffic flow and the transport network.

Introduces new impacts or increase the severity of known impacts

As stated above, the ‘proposed change’ will result in a more functional layout.

Removes an incentive or offset component that would have balanced a negative impact of
the development

The ‘proposed change’ does not remove an incentive or offset component that would have
balanced a negative impact of the development.




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[email protected]                     Murray & Associates (QLD) Pty Ltd                             June 26

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Impacts on infrastructure provisions

The ‘proposed change’ does not impact on infrastructure provisions.

      (ii) if a development application for the development, including the change,
           were made when the change application is made would not cause—

         (A) the inclusion of prohibited development in the application

The application,   if   remade   including   the   change   would      not   comprise    prohibited
development.

         (B) referral to a referral agency, other than to the chief executive, if there
             were no referral agencies for the development application

The application, if remade including the change would not trigger referral to any referral
agencies.

         (C) referral to extra referral agencies, other than to the chief executive

The application, if remade including the change would not trigger referral to any referral
agencies.

         (D) a referral agency to assess the application against, or have regard to,
             matters prescribed by regulation under section 55(2), other than
             matters the referral agency must have assessed the application
             against, or have had regard to, when the application was made

The application, if remade including the proposed changes would not require referral.

         (E) public notification if public notification was not required for the
             development application.

Public notification was not required for the original development application. If the
application was to be remade to include the change, the application would remain ‘code
assessable’ and not require public notification.

4.0     REQUESTED CHANGES TO THE EXISTING APPROVAL

As a result of the provided in Section 2.0 of this request, the following section outlines
required / requested changes to the Conditions of Approval. Please note additions are in
Bold and elements to be removed are in Red.

Condition 2. Development authorised by this approval must be undertaken generally in
accordance with the Approved Plans listed in the tables below.

Plan No.                  Rev.    Plan Name                                             Date
DA-00                     5       Cover sheet, drawn by Eco Cottages                    1 February
2026-27 - 01              A       Site Plan, drawn by Building Suncoast                 2018




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[email protected]                     Murray & Associates (QLD) Pty Ltd                                  June 26

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                               Green                                       02.06.26
DA-02                  6       Elevations 1, drawn by Eco Cottages         13 February
2026-27 – 02           A       Elevations, drawn by Building Suncoast      2018
                               Green                                       02.06.26
DA-03                  6       Elevations 2, drawn by Eco Cottages         13 February
2026-27 – 03           A       3D Views, drawn by Building Suncoast        2018
                               Green                                       02.06.26
DA-04                  6       Sections, drawn by Eco Cottages             13 February
                                                                           2018
BA-01                  2       Site Plan, drawn by Eco Cottages            21 February
                                                                           2023
FE-02                  -       Eco Cottage Factory Extension – Glulam      29 Nov 2022
                               Beam Shop/Storage Shed Elevations, drawn
                               by Eco Cottages
FE-04                  -       Eco Cottage Factory Extension Glulam        29 Nov 2022
                               Beam Shop/Storage Shed Section A, drawn
                               by Eco Cottages
FE-05                  -       Eco Cottage Factory Extension Drying Shed   29 Nov 2022
                               Overview, Plan and Elevations, drawn by
                               Eco Cottages
BA-01                  B       Site Plan – Landscape Added, drawn by Eco   19 June
                               Cottages (as annotated by Council)          2023



Condition 16. A minimum of 30 15 car spaces, including 1 disabled space must be
provided on site, in accordance with the approved plans.



Condition 28. Development undertaken in accordance with this approval must be 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 Name                                   Date
27281-OW5              B       Operational Works: Driveway & Access,       13.08.2018
                       C       prepared by SCG Consulting Engineers        June 26
27281-SW1              C       Operational Works Stormwater                22.02.2018
                       D       Management, prepared by SCG Consulting      June 26
                               Engineers

Comment:

We advise Council that SCG is close to finalising the updated engineering plans and we
expect to have this submitted to Council within the next 5-10 business days.




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[email protected]                  Murray & Associates (QLD) Pty Ltd                         June 26

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Condition 83. The display eco cottage is to be temporary and used for display only. It is
not to be used as an office.



Condition 84. The rear access as proposed on Site Plan, drawn by Eco Cottages dated 21
February 2023 and Site Plan – Landscape Added, drawn by Eco Cottages dated 19 June
2023 is not approved. No vehicular access is to be gained from the rear of the site.



Condition 85. The proposed works (pedestrian foot bridge, showroom) must not adversely
affect the treatment capabilities or the structural integrity of any component of the existing
bioretention basin.



Condition 86. The supervising RPEQ must certify that the proposed works (pedestrian foot
bridge, showroom) has not adversely affected the treatment capabilities and structural
integrity of the existing bioretention basin. Certification must be provided and accepted by
Council at the completion of the works.



Advisory Note 4. The assessment of this development was based on a proposal having a
1992m2 708m2 gross floor area, as depicted on the Approved Plans.



5.0   SUMMARY

Pursuant to Section 78 of the Planning Act 2016, we hereby request Council issue a
‘Change to the Existing Approval Notice’ in support of the ‘proposed change’. Should
further information or clarification be required in relation to the above / attached
documentation, please don’t hesitate to contact me on (07) 5441 2188.

Yours faithfully,




Blake Bell BRTP, M.P.I.A., CPP, MDIA
Director / Principal Town Planner
MURRAY & ASSOCIATES (QLD) PTY LTD




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[email protected]                     Murray & Associates (QLD) Pty Ltd                             June 26

Page 8

MURRAY&
ASSOCIATES +
SURVEYORS & TOWN PLANNERS

Appendix A

 

Current Titles Search

8

 

[email protected] Murray & Associates (QLD) Pty Ltd June 26

Page 9

                                                                  Appendix B



Amended Design Plans
Prepared by Building Suncoast Green




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[email protected]                Murray & Associates (QLD) Pty Ltd                June 26

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