Minor Change Report 51980.2682.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	51980.2682.01
Development Approval	TPL22 – shop and office development
Applicant	BDH Group Investments P/L TTE
Request Received On	4 February 2022
Report Reviewed By	Lisa Pienaar
Decision Due Date	20.04.2020

PROPERTY DETAILS
Property Address	Noosa Mode 41 Sunshine Beach Rd Noosa Heads Qld 4567
RP Description	BUP 3943
Land Area	553.29m2
Existing Use of Land	Shops and offices

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Major Centre
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Landslide Hazard
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change existing development approval TPL22 to enable internal and external cosmetic changes to the existing building on site. The applicant indicates the following changes:
New window hoods and fascia board to the façade.
Replace existing awning with castella fascia metal sheet roofing to hidden box gutter.
Larger shopfront glazing and doors to existing five shopfronts
Rebuild roof to match existing pitch and install skylights
Replace stairwell in western corner of the site to spiral – without impacting existing carparking areas.
Provide for open platform lift to allow for equitable access to offices on the first level and wider stairs to Berrima Row in accordance with current BCA standards.
Remove existing signage poles and integrate with awning
New coloured concrete footpath to boundary
Remodel existing eastern stair
Rebuild stair along north-western boundary.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations

Figure 5 – Rendering

Figure 6 – Existing building

background
20 June 1980, Council approved a shopping centre development including shops and offices (TPL21). The building has been in accordance with the approval.

8 March 2021, Council approved a proposal to redevelop the site for a new for Food and Drink Outlet, Office and Shops. The applicant has advised that due to the increasing costs the project is no longer viable and will not be proceeding.
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017; and
The Noosa Plan 2020.
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as it does not change substantially change the existing built form of uses on site;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Major Centre Zone Code;
Noosa Heads Local Plan Code;
Business Activities Code;
Works Codes;
Landslide Hazard Code
The proposed renovations are considered minor and do not affect existing site cover, gross floor area or landscaped setbacks. The external changes and use of weatherboard cladding to the building are considered to provide materials and finishes that are consistent with the intent of the Noosa Plan.
The main changes to the development that require further assessment relate to the changes to the approved/ existing carparking layout at the rear of the site. The original approval TPL 21 approved shops and offices with a requirement for the provision of 6 cars on site and the payment of a contribution for 15 spaces. Figure 6 below illustrates the approved plans. The development was constructed and a rear stair provided along the north western boundary over spaces 1 and 2. The applicant advises that the stairway is required for fire exit requirements and seeks to provide an upgraded stairway over the front of the carparking spaces as detailed in Figure 8.

Figure 7 –TPL 21 – Approved plans

Figure 8 –Proposed plans
Councils Engineering Coordinator has advised that there is no indication in the Australian Standard about the required height clearance for the nose of a vehicle extending below an obstruction. The disability standard suggests 1.8m but I don’t believe that is relevant to these spaces (not disability spaces).
The plans indicate constructing new stairs that appear to be marginally higher than the current stairs so I would suggest that we could accept the new stairs if they provide certification from an engineer that the carspaces are suitable for the intended use.
The changes to the development are considered appropriate and provide an upgrade to an existing building and are supported.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Coordinator Engineers
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51980.2682.01, to make a minor change to an existing approval for a Shop and Office Development situated at Noosa Mode 41 Sunshine Beach Rd, Noosa Heads Qld 4567 described as Lot  BUP 3943, Council on 5 April 2022 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
Approved Plans
Development undertaken in accordance with this approval must 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/Document Name	Date
SD1.01 A	A	Site plan prepared by Tim Ditchfield Architects – as amended by Council	22.12.2021
SD2.03 A	A	Roof Plan prepared by Tim Ditchfield Architects  - as amended by Council	22.12.2021
SD3.01 A	A	Elevations and Section prepared by Tim Ditchfield Architects	22.12.2021
SD3.02 A	A	Elevations prepared by Tim Ditchfield Architects	22.12.2021
MD2.01 C	C	Ground plan prepared by Tim Ditchfield Architects	23.03.2022
MD2.02 C	C	First Floor Plan prepared by Tim Ditchfield Architects	23.03.2022
WD2.01 T2	T2	Ground Floor plan prepared by Tim Ditchfield Architects	16.03.2022
MD2.02 T2	T2	First Floor plan prepared by Tim Ditchfield Architects	16.03.2022
WD6.07 P1	P1	New Stair 02 prepared by Tim Ditchfield Architects	22.03.2022
WD6.09 P1	P1	New Stair 02 Elevation prepared by Tim Ditchfield Architects	22.03.2022
WD6.11 P1	P1	Existing Stairs 02 Plans prepared by Tim Ditchfield Architects	22.03.2022
WD6.12 P1	P1	Ex Stair 02 – elevation prepared by Tim Ditchfield Architects	
Certification from an engineer that the carparking spaces under the new stairs located on the north-western boundary (New stair 02 on dwg 2.01 T2) are suitable for their intended purpose is to be provided to Council prior to issue of Building Approval.

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