Diamond St Minor Change - Planning Report

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Table of Contents

Important Note                                                                 2

1.   Summary                                                                   3

2.   Background                                                                4
     2.1 1.1 Engagement with Council Officers                                  4

3.   Development Intent – Proposed Change                                      5
     3.1 Change to Condition 1                                                 5

4.   Proposed Change to Conditions                                             7
     4.1 Condition 1                                                           7
     4.2 Proposed Change to Condition 1                                        7

5.   Planning Assessment                                                       9
     5.1 Minor Change                                                          9

6.   Conclusions                                                               11




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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for HERITAGE MOTEL INVESTMENTS (“Client”) for the specific purpose
of demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This
report is strictly limited to the purpose and the facts and matters stated in it and does not apply
directly or indirectly and will not be used for any other application, purpose, use or matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

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compensation, interest and any other direct, indirect, consequential or financial or other loss.




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1.   Summary

RG Strategic has prepared this development application on behalf of Heritage Motel Investments
Pty Ltd. The purpose of this report is to seek approval for a Minor Change Application and a revision
of the Conditions specified within SARA’s Response 1901-9327 SRA.

The subject site is located at 6-10 Diamond Street, Cooroy 4563 and is formally described as Lots
703, 704 and 705 on C5602.

The proposed Minor Change to the approved plans consists of:

          • Redesign of the front building façade including awning, and

          • Redesign of the streetscape landscaping.

The above design changes are minor and are purely decorative. Noosa Council has approved the
redesign of the above elements which are included in the Proposed Plans enclosed in Appendix B.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.




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2.   Background

An application for a Material Change of Use to establish a mixed-use development on the site was
lodged to Noosa Council in December 2018. The proposed uses include a Commercial Business (Type
1 Office), Multiple Housing (Type 4 Conventional - 4 small dwellings), and Retail Businesses (Type 2
Shop & Salon). The application was referred to SARA as a Referral Agency due to the proximity to
state interests (contaminated land and state-controlled road and intersection).

On 17 July 2019 SARA provided a Response to the referred application, including approved plans
and conditions. A copy of the SARA Approved Plans are enclosed within Appendix A. The SARA
Response included approval from the Department of Transport and Main Roads for a Permitted
Road Access Location (TMR19-026441).

Following SARA issuing their Response and Conditions, numerous design and plan revisions were
made upon the request of Noosa Council’s Architectural consultant. The changes to the plans
generally related to the redesign of the front façade and awning, and streetscape landscaping.

What has occurred is that Noosa Council have approved plans (MCU19/0001) which contradict and
do not comply with SARA’s Conditions contained within the Referral Approval (1901-9327 SRA). A
copy of Council’s approved plans are included as Appendix B.

The proposed Minor Change to the approved plans seeks to formalise the variations between the
plans approved by SARA (Appendix A) and the plans approved by Noosa Council (Appendix B). The
formalisation of the plans is required to enable the lodgement of further development applications
to Noosa Council (namely Operational Works).



2.1 1.1 Engagement with Council Officers

RG Strategic has previously engaged with SARA in regard to the proposed change to the approved
plans. Ruth Creffield advised that a Minor Change application to SARA was required to formalise
the plans and referral agency’s response.




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3.   Development Intent – Proposed Change

The applicant is proposing a Minor Change to the SARA Approved Plans (1901-9327 SRA). A copy of
the SARA Response and Conditions is enclosed within Appendix A. The proposed Minor Change
generally relates to the redesign of the development’s front façade and awning, and streetscape
landscaping.



3.1 Change to Condition 1

Condition 1 within SARA’s Referral Agency Conditions states:

         The proposed development, including the awnings and all permanent structures, must be
         carried out generally in accordance with the following plans as amended in red, to show all
         permanent structures must not extend into the state-controlled road corridor:
Figure 1 below is an extract from SARA’s Approved Plans (Appendix A) which demonstrates the
setback of the development from the state-controlled road corridor in accordance with Condition
1.




Figure 1: Extract of SARA Approved Plans (Drawing #18043-DA02, Rev C, 24/4/2019)

However, Noosa Council required a redesign of the front façade, then subsequently approved plans
(Appendix B) which included a 2.5 metre awning within the state-controlled road corridor. This
design, approved by Noosa Council, contradicts SARA’s Condition 1.

Whilst the Council approved plans do not comply with SARA’s Condition 1, the awnings have been
designed to be cantilevered out from the building. The awnings have also been designed to be
removable.

The awning supports, as required by Noosa Council, are to be located in the state-controlled
corridor. Whilst located in the corridor, the supports are purely decorative as the awnings are
cantilevered from the building. For a better word they are sacrificial. The awning supports are


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illustrated in Figure 3 below.




Figure 2: Extract of Council Approved Plans (Drawing #18043-DA02, Rev E, 6/10/2020)


In addition to the decorative and sacrificial awning supports, Noosa Council also required a redesign
of the landscaping along the streetscape.




Figure 3: Extract of Council Approved Plans – Awning Supports (Drawing #18043-DA05, Rev D,
6/10/2020)


Within close proximity to the subject site, SARA has approved a very similar design outcome at 34
Elm Street, Cooroy (SARA Ref # 1810-8094 SRA). At this site, SARA approved a mixed-use
development which included cantilevered awnings that extend into the state-controlled road
corridor.

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4.    Proposed Change to Conditions

The following Minor Change to the Conditions contained within the Existing Approval (1901-9327 SRA)
is proposed to formalise the variations between the plans approved by SARA (Appendix A) and the
plans approved by Noosa Council (Appendix B). The Condition which is affected by the proposed
redesign is Conditions 1, and the referenced Attachment 5.



4.1 Condition 1

Condition 1 reads as:

     1. The proposed development, including the awnings and all permanent structures, must be
     carried out generally in accordance with the following plans as amended in red, to show all
     permanent structures must not extend into the state-controlled road corridor:

         •     Proposed Site Plan prepared by Verve Building Design CO, dated 16.04.2019, reference
               18043-DA02 and revision C

         •     Building Elevations and Perspectives Plan prepared by Verve Building Design CO, dated
               16.04.2019, reference 18043-DA03 and revision B

         •     Building Elevations and Perspectives Plan, prepared by Verve Building Design CO, dated
               16.04.2019, reference 18043-DA04 and revision B

         •     Building Elevations and Perspectives Plan prepared by Verve Building Design CO, dated
               16.04.2019, reference 18043- DA05 and revision B

         •     Level 1 & Roof Plan prepared by Verve Building Design CO, dated 16.04.2019, reference
               18043-DA06 and revision A.



4.2 Proposed Change to Condition 1

Change Condition 1 to read:

     1. The proposed development, including the awnings and all permanent structures, must be
     carried out generally in accordance with the following plans.

         •     Proposed Site Plan prepared by Verve Building Design CO, dated 16.10.2020, reference
               18043-DA02 and revision E.

         •     Level 1 & Roof Plan prepared by Verve Building Design CO, dated 16.10.2020, reference
               18043-DA06, and revision C.

         •     Building Elevations and Perspectives Plan prepared by Verve Building Design CO, dated
               16.10.2020, reference 18043-DA04 and revision D.

         •     Building Elevations and Perspectives Plan prepared by Verve Building Design CO, dated


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               16.10.2020, reference 18043-DA05 and revision D.

         •     Building Elevations and Perspectives Plan prepared by Verve Building Design CO, dated
               16.10.2020, reference 18043-DA03 and revision D.




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5.   Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

     •    The proposal can be defined as a Minor Change to Approval in accordance with Schedule
          1 of the Planning Act 2016, and

     •    The proposal is consistent within the intent of the Decision Notice (1901-9327 SRA and
          TMR19-026441).



5.1 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means 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, in assessing the application under section 55(2), to assess the
                  application against, or have regard to, a matter, other than a matter the referral
                  agency must have assessed the application against, or had regard to, when the
                  application was made; or

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

In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:

Table 1: Substantially Different Development Guideline

         ‘Substantially different’
                                                                         Comment
              development
 Involves a new use                          The intent of the approved development will remain
                                             unchanged.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.



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       ‘Substantially different’
                                                                        Comment
            development
 Dramatically changes the built             The proposed minor change represents a minor variation
 form in terms of scale, bulk, and
                                            in the front façade of the building. The redesign has been
 appearance
                                            approved (and was required) by Noosa Council under
                                            MCU19/0001.
                                            The redesigns is purely decorative and for aesthetic
                                            purposes.
 Changes the ability of the proposal        The redesign does not alter the use as intended.
 to operate as intended
 Removes a component that is                The proposed minor change will not alter the operation
 integral to the operation of the
                                            of the development.
 development
 Significantly impacts on traffic flow      No impacts will be as a result of the proposed Minor
 and the transport network, such as
                                            Change application.
 increasing traffic to the site
 Introduces new impacts or increases        The redesign presents an improved design outcome and
 the severity of known impacts
                                            is requested by Noosa Council.
                                            The awning supports, as required by Noosa Council, are
                                            to be located in the state-controlled corridor and are
                                            purely decorative as the awnings are cantilevered from
                                            the building.
 Removes an incentive or offset             The change represents an inconsequential change to
 component that would have
                                            the overall appearance of the development.             No
 balanced a negative impact of the
 development                                incentive or offset component will be impacted as a
                                            result of the proposed Minor Change.
 Impacts on infrastructure provisions       The proposed Minor Change will not impact upon any
                                            infrastructure network.




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6.   Conclusions

As demonstrated in the above Table 1, the proposed amendment to Condition 1 and the referenced
Attachment 5 (Approved Plans and Specifications) as contained within SARA Approval (1901-9327
SRA) comply with the of a Minor Change and are consistent with the intent of the original approval.

This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016. The proposed Minor Change to the approved plans seeks to formalise the
variations between the plans approved by SARA (Appendix A) and the plans approved by Noosa
Council (Appendix B). The formalisation of the plans is required to enable the lodgement of further
development applications to Noosa Council (namely Operational Works).

Approval of the proposed Minor Change is recommended.

We look forward to SARA processing the application at its earliest convenience. Should you require
any additional information or have any queries please to not hesitate to contact us.




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