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Minor Change Report MCU19 0081 02 & 132007 738 05 [As Published] · MCU19/0081.02

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               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



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Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024
Full text of the other 6 pages

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                    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.




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Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024

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                                                       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.

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Document Set ID: 22759744
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               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.


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Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024

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               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

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Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024

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                                 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

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Document Set ID: 22759744
Version: 6, Version Date: 26/02/2024

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                                 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

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