Council archive · source document
Minor Change Report MCU19 0081 02 & 132007 738 05 [As Published] · MCU19/0081.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Planning Consultant
Development Assessment
APPLICATION DETAILS
Application No. MCU19/0081.02 & 132007.0738.05
Development Approval • Development Permit for Material Change of Use – 16
Ancillary Dwelling Units
• Development Permit for Industrial Business Type 1 and
Type 2
Applicant 64 Gateway Dve Pty Ltd ATF 64 GD Trust and Body Corp-
Noosaville Smart Hub CTS 55066
Request Received On 9 January 2024
Report Reviewed By Tara Norley – 26 February 2024
Decision Due Date 7 February 2024
PROPERTY DETAILS
Property Address 64 Gateway Dr Noosaville
RP Description Lot 0 SP 316631
Lot 13 SP 170295
Lot 900 SP 316631
Land Area 12,350m2
Existing Use of Land Industrial tenancies
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Low Impact Industry
Precinct Not applicable
Local Area Plan Noosaville Local Area
Overlays Land subject to acid sulfate soils
Biodiversity, Waterways & Wetlands
Flood Hazard
Page 1 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
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 6 pages
Page 2
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks to change two development approvals issued for 64 Gateway Drive,
Noosaville with the first approving an industrial complex and the second 16 ancillary dwellings to
be constructed on the upper floor for those tenancies that face north. The development has been
constructed and during the construction process some changes were made on site that differ to
the plans of development referred to the in the conditions of both approvals. As the changes raise
the same built form issues, the 2 changes applications will be assessed concurrently within this
report.
The applicant has provided a list of the variations made to the built form for each industrial unit and
ancillary dwelling unit. These changes include minor internal changes and inclusion of additional
doors and windows to the façade treatments. The approved site layout has also been slightly
modified removing a small strip of landscaping in front of some industrial units, where roller doors
have now been included; with the internal car park layout modified to relocate the loading dock.
The locality and amended site plan are included below.
Page 2 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Page 3
Figure 1 – Locality
Figure 2 – Site Plan
2. BACKGROUND
132007.738.04
On 2 July 2008, Council approved a Development Permit for Industrial Business Type 1 and Type
2. On 9 April 2013 and 14 June 2016, Council agreed to an extension of time for the approval. On
21 June 2019, Council issued a minor change approval to the design layout.
MCU19/0081
On 26 July 2021 a consent order was issued for the approval of 16 Ancillary Dwelling Units within
the approved layout of 132007.738.04. This was a code assessable development with no
submissions.
Page 3 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Page 4
The application was originally refused by Council as Council considered the proposed ancillary
dwelling units to constitute a multiple dwelling under the Noosa Plan 2006, with no need for 16
ancillary dwelling units. An originating application was made to the Court around the correct
definition, with the judgement favouring the applicant’s position in the appeal. Consequently,
Council agreed to settle the appeal given there were limited provisions in the Noosa Plan 2006 that
Council could reasonably rely on if the matter proceeded to trial.
3. ASSESSMENT
3.1. 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 2017;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
3.2. 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;
• 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.
3.3. Statutory Instruments – Planning Scheme
The application must be assessed against the Noosa Plan 2006 but Council may have regard to
the Noosa Plan 2020 in assessing the proposed changes.
The following codes from the Noosa Plan 2020 are applicable to the proposed changes:
• Low Impact Industry Zone Code;
• Noosaville Local Plan Code;
• Industries Activities Code;
• Caretaker’s Accommodation, Dwelling Unit and Rural Workers Accommodation Code
• Works Codes;
• Acid Sulfate Soils Overlay Code
• Biodiversity, Waterways & Wetlands Overlay Code
• Flood Hazard
The proposed changes are very minor, being mostly limited to internal layout changes and minor
external façade changes. The proposed changes maintain the same number of ancillary dwelling
units, with no increase in the size of these units. Overall, the proposed changes maintain the same
building footprint with no additional gross floor area proposed, with the external changes offering
some improvement to the built form’s presentation. A change has also been made to the internal
layout of the first floor of units 9, 10 and 11 which may facilitate separate occupation of an area
and for this reason an additional condition is recommended to the approval for the ancillary dwelling
units.
Page 4 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Page 5
The proposed changes to the site layout have been reviewed by Council’s senior development
engineer who advises that the relocation of the loading bay does not change the total number of
parking bays within the site (125 carparks total) or affect vehicle manoeuvring. The amended plans
are also consistent with the carparking layout of the approved drawings for OPW19/0203. While
the applicant indicates that the small landscape strips removed for some new roller doors in front
of units 9, 10, 14, 15, 19 and 20 have been replaced elsewhere, this is not evident on the amended
plans. These strips would have also assisted in softening the built form of the development and
the extensive car park areas to some extent. Notwithstanding this 35% of the site is either
landscaped or retained as vegetated.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
• Senior Development Engineer
5. CONCLUSION & REASONS FOR DECISION
The proposed changes remain consistent with the development approvals issued for the site and
do 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. MCU19/0081.02 & 132007.0738.05, to make a minor change to
existing approvals for 16 Ancillary Dwelling units and Industrial Business Type 1 and Type 2
situated at 64 Gateway Dr Noosaville described as Lot 0 SP 316631, Lot 13 SP 170295, Lot 900
SP 316631, Council on 16 February 2024 decided to:
A. Approve the change for MCU19/0081.02 and 132007.0738.05.
B. Amend condition 2 of MCU19/0081.02 to read as follows:
2. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
19020 A.102 B Master Plan – Staging Plan prepared by Zest 12.06.2021
Design
19020 A.200 I Master Floor Plan prepared by Zest Design 21.09.2022
19020 A.200 B Pod A Level 1 – Floor Plan prepared by Zest 15.05.2023
Design
19020 A.201 B Pod A Level 2 – Floor Plan prepared by Zest 15.05.2023
Design
19020 A.203 B Caretakers Residences prepared by Zest Design 15.05.2023
19020 A.300 B Elevations prepared by Zest Design 15.05.2023
19020 A.301 B Elevations prepared by Zest Design 15.05.2023
19020 B.200 15 Pod B- Floor Plan prepared by Zest Design 28.09.2022
Page 5 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Page 6
19020 B.201 15 Pod B Caretakers – Floor Plan prepared by Zest 28.09.2022
Design prepared by Zest Design
19020 B.300 15 Elevations prepared by Zest Design 28.09.2022
19020 C.200 17 Pod C – Floor Plan prepared by Zest Design 28.09.2022
19020 C.201 16 Pod C – Caretakers Plan prepared by Zest Design 28.09.2022
19020 C.300 16 Elevations prepared by Zest Design 28.09.2022
19020 D.200 11 Pod D – Floor Plan prepared by Zest Design 28.09.2022
19020 D.201 11 Pod D – Caretakers prepared by Zest Design 28.09.2022
19020 A.205 C Pod F- Floor Plan prepared by Zest Design 30.05.2019
19020 A.206 C Pod G – Floor Plan prepared by Zest Design 30.05.2019
19020 A.207 C Pod H – Floor Plan prepared by Zest Design 30.05.2019
19020 D.300 11 Elevations prepared by Zest Design 28.09.2022
19020 D.301 11 Elevations prepared by Zest Design 28.09.2022
C. Include the following additional condition for MCU19/0081.02:
10. The number of ancillary dwelling units must not exceed 16 units, with the store and
office area on the first level of units 9, 10 and 11 not permitted to be separately
occupied or let.
D. Amend condition 1 of 132007.0738.05 to read as follows:
1. Development authorised by this approval must be undertaken generally in accordance
with the Approved Plans listed in the table below.
Plan No. Rev. Plan/Document Name Date
19020 A.102 B Master Plan – Staging Plan prepared by Zest 12.06.2021
Design
19020 A.200 I Master Floor Plan prepared by Zest Design 21.09.2022
19020 A.200 B Pod A Level 1 – Floor Plan prepared by Zest 15.05.2023
Design
Annotated by Council
19020 A.201 B Pod A Level 2 – Floor Plan prepared by Zest 15.05.2023
Design
Annotated by Council
19020 A.300 B Elevations prepared by Zest Design 15.05.2023
Annotated by Council
19020 A.301 B Elevations prepared by Zest Design 15.05.2023
Annotated by Council
Page 6 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Page 7
19020 B.200 15 Pod B- Floor Plan prepared by Zest Design 28.09.2022
Annotated by Council
19020 B.300 15 Elevations prepared by Zest Design 28.09.2022
Annotated by Council
19020 C.200 17 Pod C – Floor Plan prepared by Zest Design 28.09.2022
Annotated by Council
19020 C.300 16 Elevations prepared by Zest Design 28.09.2022
Annotated by Council
19020 D.200 11 Pod D – Floor Plan prepared by Zest Design 28.09.2022
Annotated by Council
19020 A.205 C Pod F – Floor Plan prepared by Zest Design 30.05.2019
19020 A.206 C Pod G – Floor Plan prepared by Zest Design 30.05.2019
19020 A.207 C Pod H – Floor Plan prepared by Zest Design 30.05.2019
19020 D.300 11 Elevations prepared by Zest Design 28.09.2022
Annotated by Council
19020 D.301 11 Elevations prepared by Zest Design 28.09.2022
Annotated by Council
Page 7 of 7
Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Used in these records
Minor Change Report MCU19 0081 02 & 132007 738 05 [As Published]Related documentApplication case desk ↗
Minor Change Report MCU19 0081 02 & 132007 738 05 [As Published].pdfRelated documentApplication case desk ↗
About this file
- File size
- 1.9 MB (small file)
- File type
No other editions are linked here.