Minor Change Report 51993.579.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Georgina Schramm
Development Assessment

APPLICATION DETAILS
Application No.	51993.579.01
Development Approval	TPC 2559
Applicant	MECCA Brands C/- Urbis Pty Ltd
Request Received On	22 December 2021
Report Reviewed By	Patrick Murphy 7 February 2022
Decision Due Date	Georgina Schramm - 28 January 2022

PROPERTY DETAILS
Property Address	Annabelles 1/35 Hastings St Noosa Heads Qld 4567 Annabelles 35 Hastings St Noosa Heads Qld 4567
RP Description	Lot 0 and 1 on BUP 102127
Land Area	685 square metres
Existing Use of Land	Multiple Dwelling Units (3) & Shop

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation
Precinct	Hasting Street Mixed Use Precinct
Local Area Plan	Noosa Heads Local Plan
Overlays	Land Subject to Acid Sulphate Soil (Above Areas 1 & 2) Flood Hazard Overlay Landslide Hazard (Moderate Hazard Area)
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change an existing development permit (TPC 2559) to allow for alternative landscaping within the Hastings Street setback and changes to the front façade of the Shop. The proposed external works will include:
Shopfront doors with a blacked steel portal entry;
Removal of window shutters to be replaced with brand signage;
Reframing of windows along the Shop frontage with black steel frames;
Terrazzo paving to the extent of the boundary line;
Vertical landscaping on the shopfront to create a green façade; and
Landscaped and irrigated garden beds and pots.
Internal renovations will also be undertaken; there will be no changes to the gross floor area.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Perspective View

Figure 4 – Materials & Images for Shopfront
Figure 5: Proposed Floor Plan
Figure 6: Section looking west
Figure 7: South elevation facing Hastings Street

Figure 8: East elevation
Figure 9 – Landscaping Species

Figure 10 – Planting List (revised)

Figure 11 – Pot information

Figure 12 – Signage

background
The subject site contains various approvals, the most relevant permit is TPC 2559 which consented to Multiple Dwelling Units (3 units) and a Shop along the Hasting Street frontage. TPC2559 was approved on 23 September 1993, and later modified on 15 July 1994.  The modification allowed for changes to the minimum fencing setback requirements (Condition 7c).
A pre-lodgement meeting was held on 12 October 2021 (PLM21/0059). Amendments to the building façade were later addressed to be in-keeping with the Hastings Street Framework and Character Plan.
assessment
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 the application seeks works minor in nature and does not introduce a new use;
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:
Tourist Accommodation Zone Code;
Noosa Heads Local Plan Code;
Business Activities Code;
Works Codes;
Acid Sulfate Soils Overlay Code;
Flood Hazard Overlay Code;
Landslide Hazard Overlay Code.
Condition 1
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans drawn by John Dimitriou Architects dated 23rd June, 1993 numbered 185192-30 to 33 and the Shire of Noosa Planning Scheme apart from where amendments are required or dispensations have been granted in conjunction with this approval.
Applicant’s Request
To amend Condition 1 to allow for a revised list of drawings and documents and reference plans drawn to be reflected in the development permit. The following amendments have been requested:
Submission to and approval by Council of building plans in accordance with the Building Act, Council’s By-laws and Policies, the conditions of this approval and substantially in accordance with plans drawn by John Dimitriou Architects dated 23 June, 1993 numbered 185192-30 to 33, plans drawn by Meacham Nockles dated 20 December, 2021 numbered DA 100-103, DA 200-205 and DA 300-305, and the Shire of Noosa Planning Scheme apart from where amendments are required to dispensations have been granted in conjunction with this approval.
Proposed
Drawing or Document	Number	Plan Date
Location Plan	DA-100	20-12-2021
Site Plan	DA-101 RV2	24.01.2022
Perspective View	DA-102	20-12-2021
Materials and Images for Shopfront	DA-103 R2	24.01.2022
Existing Plan and Demolition Plan	DA-200	20-12-2021
Existing and Demolition Mezzanine Plan	DA-201	20-12-2021
Existing Reflected Ceiling	DA-202	20-12-2021
Existing RCP / Demolition	DA-203	20-12-2021
Existing Section – Demolition Scope	DA-204	20-12-2021
Existing Front Elevation	DA-205	20-12-2021
Proposed Floor Plan	DA-300	20-12-2021
Proposed RCP	DA-301	20-12-2021
RCP to Double height space	DA-302	20-12-2021
Section Looking West	DA-303	20-12-2021
South Elevation – Hastings Street Elevation	DA-304	20-12-2021
East Elevation	DA-305	20-12-2021
Assessment of Request
The applicant has requested amendments to the original development permit to vary conditions of the permit relating to the building façade and landscaping areas within the front setback of the building; no building works are assessed in association with the immediate development application. Therefore, plans DA200 to DA205 and DA300 to DA302, dated 20 December 2021, are not to be approved in association with the immediate development application, such works and plans are subject to a building i.e. demolition permit.
The original development (TPC 2559) was approved whilst the 1990 Planning Scheme was in effect, which required an approved landscaping plan prior to building works commencing. However, at the time of assessment there were limited landscaping provisions, the provisions were not specie specific or specific to the locality.
The Noosa Plan 2020 has a landscaping policy embedded into the Scheme which lists the species preferred within the region and considerations for Hastings Street development. The species listed in the proposal are in accordance with PSP2 – Landscaping Policy and appropriate for the Hastings Street precinct. The proposal will improve the existing façade of the Shop and enhance the character of Hastings Street.

Condition 7
The open space and setback areas are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
The submitted landscaped landscape plan by Neil Thyer, Landscape Architect, dated June, 1993 and numbered AHSNSK2B is not approved. An amended plan is to be submitted with the following alterations:-
An additional garden area to be indicated between the Hastings Street frontage and the shop, preferably adjacent to the driveway.
Existing Cocos palms on the site are not be retained.
A minimum average setback of one metre shall be provided to any fencing to be installed along the northern frontage. Plan B submitted under covering letter of 13th June 1994, by Noosa Town Planning Pty Ltd, conforms with this condition.
A more detailed identification of species to be planted on the site, together with a schedule of planting which indicates the size to be installed.
Landscaping to be undertaken been the Council boardwalk in the Parade and the northern boundary of the site.
Additional landscaping of the Hastings Street footprint in keeping with recent upgrading works elsewhere in the street.
Applicant’s Request
To alter the permit to allow for changes to the building façade of the Shop, as per Plan DA102 dated 20 December 2021.
Assessment of Request
The aspect of the development at topic is the landscaping within the front building setback of BUP102127.
All species listed by the applicant are in accordance with the Planning Scheme Policy (PSP2). The proposed changes to the building façade incorporates the use of Pandorea jasminoides which will climb the façade of the building and soften the appearance of the building from the streetscape once established, creating a green backdrop. Additional plants will be potted to clearly define the allotments property boundaries, and informally act as a divide between the premises and adjoining vehicle crossovers which will continue to direct pedestrians to the Council footpath.

The proposed changes to the species selection and landscaping within the front façade is considered acceptable, Condition 7 will be amended to reflect the applicant’s planting pallete and landscaping plan.

File Note - Condition 18
The footpath and setback areas are to be kept clear of goods, signs and street furniture not approved by Council.
Applicant’s Request
The applicant has provided plans illustrating a ‘dwell seat’ provided within the front setback of the building, contrary to the abovementioned condition.
Assessment of Request
Plan Number DA103 (Materials and Images for Shopfront) shows a ‘dwell seat’ provided within the front setback of the building. The inclusion of the ‘dwell seat’ within the front setback of the site is considered insignificant and acts as a place-making tool rather than acting as a place of congregation as intended by Condition 18.
The inclusion of the singular ‘dwell seat’ is not considered to raise conflict with the above condition.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Development Inspector - Jamie Gordon
Senior Environmental Officer – Amanda Turner
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. 51993.579.01, to make a minor change to an existing approval for Multiple Dwellings and Shop situated at Annabelles 1/35 Hastings St Noosa Heads Qld 4567 described as Lot 0 and 1 on BUP 102127, Council on 7 February 2022 decided to:
A.	Approve the change.
B.	Amend conditions 1 and 7 to read as follows:
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
185192-30	-	Plans prepared by John Dimitriou Architects	23 June 1993
185192-31	-	Plans prepared by John Dimitriou Architects	23 June 1993
185192-32	-	Sections prepared by John Dimitriou Architects	23 June 1993
185192-33	-	Elevations prepared by John Dimitriou Architects	23 June 1993
DA 101	2	Site Plan NTS prepared by Meacham Nockles	24 January 2022
DA 102	-	Perspective View prepared by Meacham Nockles	20 December 2021
DA 103	2	Materials and Images for Shopfront prepared by Meacham Nockles	24 January 2022
DA 304	-	South Elevation – Hastings St elevation prepared by Meacham Nockles	20 December 2020
DA 305	-	East Elevation prepared by Meacham Nockles	20 December 2021
Extract of no. DA304	-	Planting List prepared by applicant	20 December 2021
-	-	Pot Information prepared by applicant	Received on 24 January 2021
The Hastings Street open space and setback area is to be landscaped in accordance with Plan DA102 dated 20 December 2021 and Extract of Plan No. DA304 dated 20 December 2021.
The open space and setback areas of the northern property boundary (boardwalk setback) are to be landscaped in accordance with Council’s Policy on Landscaping Guidelines and a properly prepared landscape plan to be submitted to and approved by the Shire Planner, prior to the issue of a Building Approval. Such landscaping is to be completed in accordance with the approved landscape plan, prior to the premises being occupied and maintained at all times thereafter to the reasonable satisfaction of the Shire Planner.
The submitted landscaped landscape plan by Neil Thyer, Landscape Architect, dated June, 1993 and numbered AHSNSK2B is not approved. An amended plan is to be submitted with the following alterations:-
Deleted
Existing Cocos palms on the site are not be retained.
A minimum average setback of one metre shall be provided to any fencing to be installed along the northern frontage. Plan B submitted under covering letter of 13th June 1994, by Noosa Town Planning Pty Ltd, conforms with this condition.
Deleted
Landscaping to be undertaken been the Council boardwalk in the Parade and the northern boundary of the site.
Deleted

C.	Include the following additional conditions:
A condition report including photographs of the frontage of the site must be completed and submitted to Council prior to the prestart meeting.
A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving at least five business days’ notice). The prestart meeting must be attended by the responsible persons for:
Landscape works.
Other relevant parties.

DURING CONSTRUCTION
General
Where damage occurs to any Council asset as a result of the development works, it must be repaired immediately where it creates a hazard that presents risk to person or property. Other damage must be repaired prior to completion of works.
All works must be constructed and work procedure undertaken in accordance with:
The approved plans/documents and conditions detailed in this Decision Notice.
The relevant conditions of the higher order Material Change of Use approval viz. 51993.579.01 to which this approval relates.
All relevant Council Planning Scheme Policies, standard drawings, standard specifications and guidelines.
The latest version of Water Sensitive Urban Design Technical Design Guidelines for South East Queensland (Healthy Waterways) for all water quality devices to be constructed on site.
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice.
(* Refer to Advisory Note)
Landscape works must:
Ensure amenity or sales signage and ancillary infrastructure is not installed within the road reserve.
Ensure permanent irrigation is not installed within the road reserve.
Ensure mulch is aged, comprised of leaf and limb material of varying sizes, free of foreign matter including anthropogenic waste, rock, soil/sediment contamination and is applied to all planting areas to ensure a minimum 100mm depth once settled.
Ensure no Bogainvillea, Trachelospermum jasminodies or Pandanus plants are included within the development.
*(Refer to Advisory Notes)
FOLLOWING CONSTRUCTION
Supervision/Certification
Prior to commencement of use the following (prepared by respective qualified persons* and certifying compliance with approvals) must be submitted to Council:
Landscaping certification confirming all works have been constructed in accordance with conditions of approval.
NATSPEC certification (Specifying Trees: a guide to assessment of tree quality addressing each specimen).
D.	Advisory Notes
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a minimum of five business days’ notice of preferred inspection time.
Retention of Existing Trees
The existing trees on adjoining properties must be retained and protected during construction wherever achievable. To avoid doubt, this advisory note is not intended to exclude the operation of Chapter 3 of the Neighbourhood Dispute Resolution Act 2011 following construction of the development which is the subject of this development approval.
Qualified Person
Qualified Person, for the purpose of:
a.	Supervising landscape works and preparing a landscape certification, is considered to be a landscape architect, landscape designer or horticulturist with a minimum of three years current experience in the field of landscape design.
Landscape Works
The applicant must pay the re-inspection fee in accordance with Council's Fees and Charges Register where:
a.	An inspection revealed that any constructed rehabilitation/landscape works do not comply with the conditions of the Decision Notice, Approved Plans and or Approved Documents
b.	Certification is submitted to Council falsely stating that works comply with the approved plans, documents and or conditions of the Decision Notice.

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Planting List

Baeckea virgata ‘Minima’ (Dwarf Baeckea)
Banksia integrifolia (Coast Banksia)
Carpobrotus glaucescens (Pig Face)

Casuarina ‘Cousin It’ (Cousin it)
Chrysocephalum apriculatum (Yellow Buttons)
confertifolia (Mat Rush)

Fan Flower)

 

  

 

 

Extract of South Elevation Drawing No. DA304
Dated 20.12.2021 Pee

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1, The Existing garden beds remain as i. There is no change tothe street tile upstand, form or size.
2. The pots are sized to sut plant and soil requirements

a. PotA ‘800mm diameter x 500mm deep 6 of
b. PotB 41200mm diameter x 500mm deep tft
Pot 450mm diameter x 500mm deep 2 off

— 2 d. PotA 400mm diameter x 500mm deep 2 off.

| Irigation is provided through a concealed ‘rainbird commercial med ripper system

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Signage size - 800mm L x 250mm H

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ceiling to remain

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gutters to remain
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beyond

 

 

 

 

ting tiled roof to remain
unchanged

 

 

 

 

 

 

3 dimensional illuminated individual
letter sign siting on portal frame

New glazed windows in existing
openings

New black stee!
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‘New planting to reconfigured
garden beds and pots to front area
up to existing boundary.new
automated watering system to both
beds and pots:

New metal bollard sign with
New vines to face of existing masonry, building number
Portions of building

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with existing bollards

  

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‘Adjacent apartments drawn indicatively only. No
change to apartment building in this application

No change to existing tiles roof to shop

New glazed windows in existing mason are openings

New vine to masonry portions of retail building

New window frames with solid base panels

New planting in pots

 

East elevation

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Landscaping

The plant palette is dominated by colorful endemic Noosa
Shire species which shade spaces from the midday sun
and drive the sub tropical character of the proposed
landscape.

 

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