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Minor Change Cover Letter · MCU13/0153.02
Wednesday, 30 September 2020 Our Ref: 18093 / Office: Sunshine Coast Council Ref: MCU13/0153 & MCU13/0153.01 NOOSA COUNCIL PO BOX 141 TEWANTIN QLD 4565 ATTENTION: The Chief Executive Officer Dear Sir, MINOR CHANGE APPLICATION CHANGE TO EXISTING MATERIAL CHANGE OF USE FOR A RETAIL BUSINESS (TYPE 4 SHOWROOM – MOTOR VEHICLE SALES) AND AN INDUSTRIAL BUSINESS (TYPE 2 PRODUCTION, ALTERATION, REPACKAGING & REPAIRING – MOTOR VEHICLE SERVICING) 148 EUMUNDI NOOSA ROAD, NOOSAVILLE LOT 1 ON RP222164 In relation to the abovementioned Development Approval originally granted by the then Sunshine Coast Council on 16 December 2013 and subsequently changed approval granted by Noosa Shire Council on 05 December 2014, on behalf of the applicant we hereby make a change application pursuant to Clause 78 of the Planning Act 2016. Please find enclosed the following documentation to facilitate Council’s assessment of the request: • Planning Act Form 5; • Attachment A – Proposal Plans, prepared by Zest Design; and • Attachment B – Existing Development Approval (MCU13/0153.01). As confirmed through previous correspondence with Council, the application is confirmed as a Minor Change. PROPOSED CHANGE The applicant is seeking to construct hail protection netting over the hardstand storage area, which houses a majority of the vehicles which are processed on the subject site. The netting has been designed with a material which will have very little visual impact due to the high level of visual permeability and the location of the hardstand. The hail netting will ensure that future weather events do not adversely affect the business ensuring that the business can continue to operate successfully on the site. The proposed plans for the netting structure are identified as the Architectural Plans accompanying this Report as Attachment A. These plans include a photo montage which shows how the hail netting will appear when constructed, from a number of vantage points, with a number of these images dropped into this report below for easy reference (See Figures 1-3 below). As seen within Figure 3 below, the proposed hail netting will have very little visual impact as viewed from Eumundi Noosa Road. The proposal has been designed to have a very high level of visual permeability, in addition to the site circumstances which results in a large majority of the structure being obscured from the street by the existing buildings on the neighbouring site.
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With all things considered regarding the proposal, the netting structure will not dramatically change
the built form on the site in terms of bulk, scale and appearance.
Figure 1: Hail netting as viewed from the existing Saleyard (Source: Zest Design)
Figure 2: Close-up view of hail netting from the existing Saleyard (Source: Zest Design)
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Figure 3: View of hail netting from Noosa Eumundi Road (Source: Zest Design)
CHANGES TO APPROVED PLANS
The applicant requests that the Architectural Plans accompanying this minor change application be
endorsed by Council.
STATUTORY ASSESSMENT - MINOR CHANGE
Planning Act 2016 defines a minor change as:
A minor change, for a development approval, is a change to the approval that —
i. would not result in a substantially different development; and
The DA Rules state:
In determining whether the proposed change would result in substantially different
development, the assessment manager or referral agency must consider the individual
circumstances of the development, in the context of the change proposed.
Description / Provisions Comment / Response
A change may be considered to result in a substantially different development if the proposed
change:
• Involves a new use; or No new land use is proposed.
• Results in the application applying to No new land is included as part of the application.
a new parcel of land; or
• Dramatically changes the built form The proposed changes do not dramatically
in terms of scale, bulk and change the built form in terms of scale, bulk and
appearance; or appearance insofar as;
• the built form has been designed to minimise
its visual impact through its siting and the
permeability of materials;
• the proposal reflects a negligible difference in
the view from the streetscape (see attached
photomontage); and
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• the proposal has design to minimise any
visual impact.
• Changes the ability of the proposed No changes are made to the proposed
development to operate as intended development to impede its operations.
(for example, reducing the size of a
retail complex may reduce the
capacity of the complex to service the
intended catchment); or
• Removes a component that is integral The proposed changes do not involve removal of
to the operation of the development; a component that is integral to the operational of
or the development.
• Significantly impacts on traffic flow The proposed changes do not result in any
and the transport network, such as changes to the traffic flow to the site.
increasing traffic to the site; or
• Introduces new impacts or increases The proposed change does not introduce any
the severity of known impacts; or new impacts, nor will it increase the severity of
known impacts.
• Removes an incentive or offset No incentive or offset components incorporated.
component that would have balanced
the negative impact of the
development; or
• Impacts on infrastructure provisions. The proposed development does not impact
upon infrastructure provisions.
ii. if a development application for the development, including the change, were made
when the change application is made would not cause—
Description / Provisions Comment / Response
A. the inclusion of prohibited No prohibited development proposed.
development in the application; or
B. referral to a referral agency, other than The original application triggered referral.
to the chief executive, if there were no No additional referrals are required.
referral agencies for the development
application; or
C. referral to extra referral agencies, other No extra referrals are required.
than to the chief executive; or
D. a referral agency to assess the No additional referral assessment
application against, or have regard to, triggers/aspects are required.
matters prescribed by regulation under
section 55(2), other than matters the
referral agency must have assessed the
application against, or have had regard
to, when the application was made; or
E. public notification if public notification The application was subject to Impact
was not required for the development Assessment, however there were no
application. objections to the proposal lodged with
Council.
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Accordingly, the subject change is considered to be a minor change.
ASSESSMENT
Pursuant to Clause 81 (4) & (5) the responsible entity must consider the statutory instrument, or
other document, as in effect when the development application for the development approval
was properly made. However, the responsible entity may give the weight the responsible entity
considers is appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change application
was made; or
(b) if the statutory instrument or other document is amended or replaced after the
change application is made but before it is decided—the amended or replacement
instrument or document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is
decided; and
(ii) that the responsible entity would have been required to consider if the
instrument had been in effect when the development application for the
development approval was properly made.
Comment: The changed proposal would not result in a substantially different outcome to the
original proposal and on this basis is considered to generally comply with the planning
scheme in effect at the time (Noosa Plan 2006). That is, if the changed application was made
when the original application was made, it would have been approved subject to similar
conditions.
An assessment of the proposal against the current Noosa Plan 2020 planning scheme
provisions have been undertaken. Namely, the Medium Impact Industry Zone code, the
Noosaville Local Plan code, Business Activities code, Industry Activities code and Works Code.
The proposal with the hail netting would be consistent when assessed against these planning
scheme provisions.
AFFECTED ENTITIES
There are no affected entities.
SUBMITTERS
The application was subject to Impact Assessment, however there were no objections to the proposal
lodged with Council.
CONCLUSION
The applicant is seeking to construct hail protection netting over the hardstand storage area which
houses a majority of the vehicles which are processed on the subject site. The netting has been
designed with a material which will have very little impact due to the high level of visual permeability
and the location of the hardstand.
Furthermore, an assessment of the proposal against the current planning scheme criteria finds that the
use is appropriate for the site on the basis the use is existing, lawfully approved and generally complies
with the requirements of the current Planning Scheme’s codes.
There are no affected entities or submitters to consider.
We are advised by Council that a fee of $2,218.00 applies to the application. Payment will be made
electronically upon receipt of a Council invoice and reference number.
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Should you have any questions with respect to the above, please do not hesitate to contact me direct.
Yours faithfully,
PROJECT URBAN
Peter Folker
Director
Email: [email protected]
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ATTACHMENT 1 Proposal Plans, prepared by Zest Design [OCR of page images] ATTACHMENT 1 SUNSHINE COAST PO Box 6380 Maroochydore BC Qld 4558 P 07 5443 2844 [email protected] Proposal Plans, prepared by Zest Design PROJECTURBAN.COM.AU PROJECT URBAN PTY LTD. ACN 608 895 923 ABN 97 608 895 923 = Liquor Licensing “AUSTRALIA Water Connections WATER & SEWERAGE CERTIFIERS
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ATTACHMENT 2
Existing Development Approval (MCU13/0153.01)
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[OCR of page images]
ATTACHMENT 2
Existing Development Approval (MCU13/0153.01)
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