132007.12.9 - Minor Change To Existing Approval For Material Change Of Use, To Increase The Use Area For A Community Use - Education - Type 3 Adult (Administration Only) And Include Business Use Office Type 3 - Veterinary Situated At 88A & 90 Goodchap Street, Noosaville · Attachment 2 - 132007.12.9 - Development Planner'S Report

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includes an additional building to the Eumundi- Noosa Road frontage, the additional built form is
133m2 in area and has a maximum a height of 5.9 metres.
A summary of the proposed changes to the existing approval is as follows:
•    extension of 110m2 of use area for the purpose of a radiation oncology bunker.
     o offset the number of car spaces lost in the form of 13 car parking spaces and 4
          motorcycle spaces.
     o introduction of one-way access in various locations on the site.
•    Consolidation of five (5) tenancies, resulting in infill of an existing pedestrian thoroughfare
     internal to the building between tenancy 1.08 and 1.09 increasing the use area by 23m2
•    Realignment of pedestrian crossing external to the building.
The application material has included a car parking demand survey which was undertaken over a
two-day period during the work week.
The locality and proposal plans are included below.




                                         Figure 1 – Locality

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Figure 2 – Site Plan




Figure 3 – Floor Plan

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Figure 4 – Elevations




Figure 5 – Perspective

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Page 5

                                 Figure 6 – Building Use / References

2.    SITE DETAILS
2.1. Background
The following is a summary of approvals that exist over the overall site:
On 13 December 2007, Council approved Commercial Business Type 1 & 2, Education Type 3 –
Adult, Retail Business Type 1 – Local & Type 2 – Shop and Salon, Entertainment and Dining Type
1 – Food & Beverage.
On 11 March 2008, a Negotiated Decision Notice was issued to the applicant.
On 24 November 2008, Council issued a Change to the decision to allow for staging of the
development. The second stage (Building B) was constructed in 2010.
On 16 March 2010, Council issued a Change to the decision to change access arrangements.
On 16 February 2011, Council approved an extension of the currency period.
On 2 July 2015, Council approved the expansion of the adult educational use (Central Queensland
University - CQU) from the approved maximum floor space of 1,600m2 to 2,723m2 within the
existing buildings. This application also included a request to delete the multi storey car park.
Council in deciding the application agreed to the proposed expansion of the adult educational use
but did not agree to delete the requirement for a multi storey car park. The applicant subsequently
appealed this decision.
On 3 February 2017, the Planning and Environment Court gave Judgement approving a suite of
changes to the 2015 development approval, including revising car parking arrangements for the
development. The requirement for a multi-storey carpark was replaced for an at grade 72 space
car park with an infrastructure agreement entered into for contributions towards upgrading the bus
stop in Goodchap Street. That judgement represents the current iteration of the development
approval for the land. This development approval authorises at total maximum use area of 6,729m2
with each individual use permitted the following maximum use areas at any one time, including:-

Page 6

•     Education - Type 3 Adult – 3,398m2 comprising a maximum of 1,400m2 student contact
      area and 1998m2 of non-student contact area (Student contact area comprises all areas
      used for student lectures, tutorials or the like).
•     Retail Business - Type 1 Local, 100m2
•     Retail Business - Type 2 Shop and Salon and or Entertainment and Dining Business Type
      1- Food and Beverages - 236m2 (includes 16m2 of outdoor dining).
•     The remaining use area being available for Commercial Business Type 1 – Office and Type
      2 – Medical and Type 3 – Veterinary (2995m2).
Site inspection confirms that the applicant has fulfilled the conditions to seal the at-grade carpark
for 72 spaces and has constructed a bus stop on the eastern side of Goodchap Street as required
as part of the development.
The 72 spaces at grade car park have been completed and constructed in associated with
OPW18/0293, dated 13 September 2019.
The bus stop was completed and constructed in association with OPW18/0118, dated 27
September 2018.
Summary of Staging of the site
For the purposes of providing clarity around conditions the existing and proposed new development
has been broken down into the following stages:
Stage A and B: Buildings as constructed. Note that previously approved plans refer to Stages 1 &
2 also.
Stage C: At grade car park supplying 72 spaces.
Stage D: The approved development associated Office – Veterinary and car parking (3 storey
building).
Stage E: For clarity in conditions the proposed development as result of the immediate application
i.e., radiation oncology treatment and changes to car parking is referred to as Stage E.
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;
•     Planning Regulation 2017;
•     Noosa Plan 2020.
The following codes from the Noosa Plan are applicable to this development:
•     Noosaville Local Plan Code
•     Community Facilities Zone Code
•     Community Activities Code
•     Works Code
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:

Page 7

•    the development would not result in substantially different development as the development
     relates to an extension of the existing approved use and the extent of changes do not
     remove a component of the development that is integral to the operation of 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.
While the 2017 Development Permit for a Change Application was approved by the Planning and
Environment Court, the responsible entity to assess the change application remains as Council in
accordance with section 78A (2) of the Planning Act 2016.
3.3. Statutory Instruments – Planning Scheme
The original development approval issued over the premises was approved under the Noosa Plan
2006. The change application is to be assessed under the Noosa Plan 2006, and regard be given
to the current planning scheme in effect i.e., Noosa Plan 2020.
The subject site is located in the Noosaville Locality and is zoned Community Services. Overall
outcomes for this zone within both the Noosa Plan 2006 and the Noosa Plan 2020 specifically seek
medical, health and education uses for this site, all of which are provided for under the current
approval and within the proposal.
3.4. Change to Conditions
Condition 1 – Land Use
1.   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           Plan/Document Name                                Date
      CP2 .02C-1        Overall Parking Layout, drawn by Middap           May 2016
                        Architecture Pty Ltd
      0427-DA02E        Site Plan - Overall Podium Level drawn by Middap 13/12/2007
                        Ditchfield Pty Ltd
                        Amended in Red
      9427 - DA03E      Site Plan - Overall Upper Plan, drawn by Middap 13/12/2007
                        Ditchfield Pty Ltd
                        Amended in Red
      0427- DA05E       Stage 2 Podium Plan, drawn by Middap Ditchfield 13/12/2007
                        Pty Ltd
      0427 - DA06E      Stage 2 Upper Floor Plan, drawn by Middap       13/12/2007
                        Ditchfield Pty Ltd
      0427 - DA07D      Stage 2 Roof Plan, drawn by Middap Ditchfield Pty 13/12/2007
                        Ltd
      0427- DA08D       Existing Approved Elevations & Sections, drawn by 13/12/2007
                        Middap Ditchfield Pty Ltd

      0427- DA09D       Proposed Elevations & Sections, drawn by Middap 13/12/2007
                        Ditchfield Pty Ltd
                        Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP
                        196846, drawn by Jones Flint & Pike
     DA 01F             Site Plan, drawn by Middap Architecture               March 2017
                        Pt (as annotated by Council)

     DA 02F             Level 1 Plan, drawn by Middap Architecture            March 2017

     DA 03F             Level 2 Plan, drawn by Middap Architecture            March 2017

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     DA 04F             Level 3 Plan, drawn by Middap Architecture (as         March 2017
                        annotated by Council)
     DA 05F             Elevations (North-East & South-East), drawn by         March 2017
                        Middap Architecture (as annotated by Council)
     DA 06F             Elevs (South West & North West) and Section            March 2017
Applicant’s Request
The applicant seeks to amend Condition 1 the development approval dated 19 July 2019 to reflect
the addition of the building for radiation treatment, changes to pedestrian movements, car parking
spaces, access arrangements.
Land Use
   1. 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

        CP2.02-1           Overall Parking Layout, drawn by Middap Architecture May 2016
                           Pty Ltd

        1124 CP 4          Proposed Parking on Site, drawn by Team2 23/02/2023
        2.02C-2            Architects

        0427-              Site Plan – Overall Podium Level, drawn by Middap 13/12/2007
        DA02E              Ditchfield Pty Ltd – Amended in Red

        1124    DA 3       Proposed Overall Podium Level, drawn by Team2 23/02/2023
        02 F               Architects

        9427-              Site Plan – Overall Upper Plan, drawn by Middap 13/12/2007
        DA03E              Ditchfield Pty Ltd
                           Amended in Red

        1124    DA 1       Proposed Overall Upper Plan, drawn by Team2 19/12/2022
        03 F               Architects

        0427-              Stage 2 Podium Plan, drawn by Middap Ditchfield Pty Ltd 13/12/2007
        DA05E

        0427-              Stage 2 Upper Floor Plan, drawn by Middap Ditchfield 13/12/2007
        DA06E              Pty Ltd

        0427-              Stage 2 Roof Plan, drawn by Middap Ditchfield Pty Ltd        13/12/2007
        DA07D

        0427-              Existing Approved Elevations & Sections, drawn by 13/12/2007
        DA08D              Middap Ditchfield Pty Ltd

        0427-              Proposed Elevations & Sections, drawn by Middap 13/12/2007
        DA09D              Ditchfield Pty Ltd
                           Plan of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP 196846,
                           drawn by Jones Flint & Pike

Page 9

        Plan No      Rev Plan/Document Name                                             Date

        DA 01F              Site Plan, drawn by Middap Architecture Pt (as annotated March
                            by Council)                                              2017

        DA 02F              Level 1 Plan, drawn by Middap Architecture                  March
                                                                                        2017

        DA 03F              Level 2 Plan, drawn by Middap Architecture                  March
                                                                                        2017

        DA 04F              Level 3 Plan, drawn by Middap Architecture (as March
                            annotated by Council)                          2017

        DA 05F              Elevations (North-East & South-East), drawn by Middap March
                            Architecture (as annotated by Council)                2017

        DA 06F              Elevs (South West & North West) and Section                 March
                                                                                        2017

        1124    DA 1        Elevations, drawn by Team2 Architects                       19/12/2022
        201

        1124    DA 1        Perspective                                                 19/12/2022
        902

                            Plans of Lots 4, 5 & Emt D (Restricted) in Lot 4 SP
                            196846, drawn by Jones Flint & Pike

Assessment of Request
Built form
The Noosaville Local Plan and Community Facilities Zone Codes seek development reflective of
the locality and streetscape, with development on corner sites to provoke architectural interest.
Due to the purpose of the building, the building is essentially a concrete box with an articulated
roof form and ‘false windows’ along the side of the building, with colourbond corrugated cladding
to match the existing building. While the proposed extension only relates to a small element of the
building façade, the applicant has incorporated elements into the design of the treatment facility
such as, articulated roof form and ‘false windows’ at pedestrian level, despite design constraints.
The development complies with the relevant building setbacks. While the proposed extension is
set forward of the established building line, the building achieves a setback of 9.2 metres from the
Eumundi-Noosa Road frontage. The proposed road setback of 9.2 metres exceeds the required 6
metres as per Acceptable outcome AO19.1 of the Zone Code. The proposed setback and internal
driveway alignment will allow for improved landscaping opportunities. To greater integrate the
extension and car parking area it is recommended that conditions be included requiring the planting
of advanced trees. It is noted that the driveway alignment and building extension remains generally
in accordance with the approved landscaping plan for the development site, however additional
tree species will be specified.
The Community Facilities Zone Code of the Noosa Plan 2020 includes gross floor area provisions
which the development does not comply with, where the Noosa Plan 2006 was silent on the
maximum gross floor area or site cover of a building in the Community Services Zone Code.
Acceptable outcome AO19 of the Community Facilities Zone Code details that individual buildings
are not to exceed 1,000m2 of gross floor area. The existing development exceeds 1,000m2, with

Page 10

Building A already having a total gross floor area greater than 3,000m2, the proposal seeks a further
133m2 of gross floor area.
The additional gross floor area is considered to be reasonable noting the size of the existing
building and that an additional 133m2 of gross floor area will not have a significant impact on the
streetscape and the surrounding area. The extension is fit for purpose and respectful of the scale
of the surrounding development on the site. Additional tree plantings and landscaping
improvements are proposed within the recommendation to maintain and enhance the existing
vegetation buffer on the site’s perimeter.
Condition 12
12.   The development is permitted a total maximum use area of 6,729m² with each individual use
      having the following maximum use areas:
      a.    Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student contact
            area and 1,998m² of non-student contact area;
      b.    Retail Business - Type 1 – Local, 100m²;
      c.    Retail Business Type 2 - Shop and Salon and or Entertainment and Dining Business
            Type 1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
      d.    The remaining use area being available for:
            i.     Commercial Business Type 1 – Office;
            ii.    Commercial Business Type 2 – Medical; and
            iii.   Commercial Business Type 3 – Veterinary
Applicant’s Request
12.   The development is permitted a total maximum use area of 6,862m² with each individual use
      having the following maximum use areas:
      a.    Education - Type 3 Adult, 3,398m² comprising a maximum of 1,400m² student contact
            area and 1,998m² of non-student contact area;
      b.    Retail Business - Type 1 – Local, 100m²;
      c.    Retail Business Type 2 - Shop and Salon and or Entertainment and Dining Business
            Type 1 - Food and Beverages, 236m² (includes 16m² of outdoor dining);
      d.    The remaining use area being available for:
            i.     Commercial Business Type 1 – Office;
            ii.    Commercial Business Type 2 – Medical; and
            iii.   Commercial Business Type 3 – Veterinary.
      Student contact area comprises all areas used for student lectures, tutorials or the like.
Assessment of Request
As detailed above the Planning Scheme in effect at the time of the original approval did not include
a quantitative gross floor provision for development in the Community Services Zone. Condition 12
was originally included to ensure the predominant uses were community uses and health care
services, and to manage car parking demand of the development.
The proposed building extension relates to an additional 133m2 of use area associated with
Commercial Business Type 3 – Medical. The applicant seeks to increase the maximum use area
from 6,729m2 to 6,862m2. The total increase of use area is 133m2, with 110m2 of the total relating
to the bunker with the remaining 23m2 a result of enclosing an existing pedestrian link to cater for
the new tenant. The 23m2 remains as a walkway internal to the tenancy.
The additional gross floor area increases the area available for medical use which remains
consistent with the zoning and site-specific annotation of the site as a Health Care Service. The

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increase of use area remains respectful of the scale of the surrounding development and complies
with the purpose and overall outcomes of the Community Facilities Zone Code.
Condition 36 - Car Parking - Off Street
36.   The development shall provide car parking spaces on the site at a minimum rate of 369 car
      parking spaces (including 40 parking spaces for the childcare centre) for Stages A, B & C,
      with a total of 403 car parking spaces at the completion of Stage D (refer Site Plan DA 01F).
      Provision for 8 motorcycle or scooter park spaces must be included in the total number of
      car spaces.
Applicant’s Request
The proposal would result in the following changes to the internal traffic and parking layout:
•     Slight diversion of the internal driveway around the south-eastern portion of the site.
•     Conversion of the western car park to a one-way access arrangement.
•     Loss of 17 car parking spaces from the south-eastern portion of the site.
Additional parking provision of:
•     13 car parking spaces
•     Four (4) motorcycle spaces
The total parking supply on the site, based on the modified plan, is 369 spaces (which includes an
allowance of four (4) parking spaces equivalent to the 16 motorcycle spaces provided).
Given the parking supply within the site is maintained, the assessment of the parking supply,
against the minor change criteria, essentially relates to the parking demand that may be generated
by the additional floor area.
It is noted that the proposed operator of the radiation bunker will be GenesisCare3, who also
intends to lease part of the existing building, which will result in an overall tenancy of 763m2 TUA
(which includes an 118m2 radiation bunker).
The radiation bunker is purpose built for the treatment on only one patient at any given time. Whilst
there will be medical and administrative staff required to tend to the patients being treated and
operate equipment, including nurses, therapists and oncologists, these “users” will essentially be
based within the existing building. As such, the parking demands for these “users” is essentially
accounted for in the existing approval.
It is also understood that the typical treatment is of a duration that does not result in high turnover
of patients, and subsequently does not equate to a high parking demand at any one time. In fact,
it is not unreasonable to assume that a significant proportion of patients will be dropped off for the
treatment. Furthermore, an oncology radiation bunker is a concrete room with 1.0m thick walls and
no windows. This area could not be used for anything other than a radiation bunker, therefore it
could not be converted to a use that would generate higher parking demands in the future.
The proposed carparking under the minor change achieves the required parking spaces under
Condition 36:
      36.   The development shall provide car parking spaces on the site at a minimum rate of
            369 car parking spaces (including 40 parking spaces for the childcare centre) for
            Stages A, B & C, with a total of 403 car parking spaces at the completion of Stage D
            (refer Site Plan DA 01F). Provision for 8 motorcycle or scooter park spaces must be
            included in the total number of car spaces.
Proposed Carparking for Minor Change:
            •     365 parking spaces
            •     16 motorcycle / scooter spaces equivalent to 4 parking spaces
            •     Total = 369 parking spaces (for Stages A, B and C).

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Assessment of Request
The location of the building extension will result in the removal of 17 car parking spaces from the
south-eastern corner of the site, with the road in this area to become one-way. Changing this area
from a two-way to one-way operation will allow for carparking spaces to be rotated and provided
in various locations across the site to offset the number of impacted car spaces.
Due to the nature of the extension, the applicant seeks a relaxation to the number of car parking
spaces to be provided while maintaining the number of spaces required under condition 36 of the
existing development approval. Accordingly, the proposal seeks to provide the equivalent of 369
car parking spaces.
Council’s consulting traffic engineer has reviewed the proposal and provided the following
comments:
       The additional parking they have found is legitimate parking on the site (on the western exit
       driveway) and through minor rearrangement of some of the parking areas. They have also
       included 4 equivalent parking spaces (16 motorcycles) and 2 ambulance bays in their total
       of 369 for the change (as per the table on the parking plan).
       The condition for the original parking approval required 369 car parking spaces. The parking
       table on the original plan includes 363 carparking spaces (their numbered counting includes
       1 ambulance bay), plus 3 spaces on the one way section just east of Traders Lane, plus 3
       equivalent parking spaces (12 motorcycle bays), to achieve the 369 total.
       Thus, I don’t think they have been unreasonable in achieving the 369 parking space provision
       for the change proposal.
       The report by TTM is reasonable in stating that the additional floor area comprises the
       oncology bunker, which has thick concrete walls without windows and will only have 1 patient
       at a time. In that context, the proposed additional floor area in a carparking sense is
       negligible and might attract 1 additional parking space demand. This could be reinforced
       with a condition requiring that the radiation bunker only be used for administering radiation
       oncology treatment.
Noting the reasons provided by Council’s consulting traffic engineer, should the existing number
of car parking spaces be maintained as per the prior approval, the car parking is considered
adequate to meet the car parking demand development. It is noted that a similar development
application was approved at Noosa Civic (Council ref. MCU22/0038) for the purpose of providing
oncology treatment at an existing medical facility, where a car parking relaxation was granted in
consideration that the proposed use only has the capacity to treat one patient at a time.
It is recommended that condition 36 be amended to reflect the revised number of motorcycle
spaces. Further to this, an additional condition will be included for the building extension to only be
used for the purpose for oncology radiation treatment considering the car parking relaxation
provided. Any change of use for the building requires further assessment to assess the
circumstances of the proposal in particular regard to parking.
4.     CONSULTATION
4.1    Referral Agencies
Not applicable
4.2    Other Referrals
The application was forwarded to the following internal Council specialists:
•      External Traffic Consultant – as conditioned.
•      Senior Environmental Officer – as conditioned.
3     CONCLUSION & REASONS FOR DECISION
The application proposes to extend the existing development by constructing an oncology
treatment facility towards the Eumundi Noosa Road frontage. The proposal maintains the approved
number of car parking spaces on the development site, with the variation attributed to the additional

Page 13

use area supported by Council’s consulting traffic engineer on the basis of that the use will result
in limited car parking demand.
The proposal results in a change to numerous conditions of the current approval and the inclusion
of new conditions to accommodate the new development. The proposed use is considered in
keeping with the Overall Outcomes sought for the Community Services Zone and surrounding sites
in the Noosaville Locality. The proposed development is compatible with other uses on the land
and the built form complements the existing development.
The application is recommended for approval.
Departments/Sections Consulted:

      Mayor                       Community Services                        Corporate Services

      Councillors                 Director                                  Director

                                  Community Development                     Financial Services

      Chief Executive Officer     Community Facilities                      Fleet

      Executive Support           Libraries & Galleries                     ICT

                                  Local Laws                                Procurement

                                  Waste & Environment Health                Property

                                                                            Revenue Services



      Executive Services          Environment & Sustainable Development     Infrastructure Services

      Director                    Director                                  Director

      Community Engagement        Building & Plumbing Services              Asset Management

      Customer Service            Development Assessment                    Buildings & Facilities

      Governance                  Economic Development                      Civil Operations

      People & Culture            Environmental Services                    Disaster Management

                                  Strategic Land Use Planning               Infrastructure Planning,
                                                                            Design & Delivery