L10 changes application to SCRC · MCU13/0095.01

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The site was approved for a Retail Garden Centre and Coffee Shop in 2000 with Council approving a
change to the development permit in 2012 which permitted redevelopment of the existing nursery
building. These approved plans detailed an additional mezzanine floor in the existing building,
modernization of the external appearance of the existing buildings, upgrades to the display and
carparking areas and renovation of the existing coffee shop and outdoor seating area.

The owner/applicant of the site has commenced preparation of detailed building plans for the
approved redevelopment and following costings of the project determined that the proposed
mezzanine floor in the existing building is not viable and does not address the overall design
philosophy for the site. The applicant has amended the plans which are detailed in Annexure A
indicate:
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             •   Deletion of proposed mezzanine floor of 204m within existing building located along
                 southern boundary of site;
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             •   New upper level floor level of 120m located in centre of site over approved shop and
                 display area;
             •   New upper floor level to be used as a flexi-space for activities such as education or
                 community groups;
             •   Polycarbonate roofed space frame to replace proposed cantilevered roof form; and
             •   Relocated bin area and removal of loading area along western boundary.

In support of the proposal the following is noted:

            •    The changes involve the relocation of approved floor area to a more central location
                 of the site;
            •    The new floor level is in keeping with the overall design intent for the site;
            •    The new floor level is more centrally located and away from residential properties;
            •    The new flexi space reduces the approved floor area of the site; and
            •    The changes provide a more cost effective development for the site.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:

         (1) A permissible change, for a development approval, is a change to the approval that
        would not, because of the change—
        (a) result in a substantially different development; or
        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or
        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed; or
        (d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

        (a) result in a substantially different development;

           The proposed change does not result in a substantially different development as minimal
           external works are proposed and the use remains the same. The proposed change
           involves the relocation of approved floor space to another section of the site and is
           consistent with the original approval.

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        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or

             No concurrence agencies would be triggered by the proposal and the level of assessment
             has not altered.


        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;

           The proposal involves the relocation of an approved second floor area to a location more
           central to the site. This location is well away from adjoining residential properties and
           more central to the site. The changes to the plans also relocated the loading and bin areas
           away from residential properties which addresses submitters concerns.


        (d) cause development to which the approval relates to include any prohibited development.

             Not prohibited development.

The proposal is therefore considered to be able to be considered as permissible change.



Noosa Plan

The site is included in the Noosaville Locality which provides an Attached Housing zoning over the
property. The proposed use of the site has been assessed as being consistent with the existing
approval over the site and the proposed alterations do not alter this use.

The proposal does not physically increase site cover or affect landscaped open space requirements
with the proposed gross floor area less than that originally approved. No additional carparking is
required for the change


CONCLUSION
The proposal to relocate the approved upper level mezzanine floor from the existing structure on site and
create a new second floor above the shop and display area in the centre of the site has arisen as a result of
the preparation of more detailed design plans.

The new second floor area is to be a multi purpose room and is located in the centre of the site away from
the periphery of the site. The amended plans demonstrate that the extension is consistent with the
character of the approved development and also detail that service areas have been altered to be located
away from residential properties.

The applicant seeks Council support for the proposed changes

The attached development application includes:

               Proposal plans prepared by Andrew Mckellar
               A completed Sunshine Coast Council Request to Change Existing Approval and/or
               Extension of Relevant Period form;

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                  E-Development Application form; and
                  Payment of $2303.00 which is understood to be Council’s application fee to be
                  submitted separately.

The Assessment Manager’s favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.


Your sincerely,




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty Ltd

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                                                                          Attachments
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Attachment 1 – Proposal Plans