Minor Change Report 132007.1841.7

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Patrick Murphy, Coordinator Planning
Development Assessment

APPLICATION DETAILS
Application No.	132007.1841.7
Development Approval	DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES (INDUSTRIAL BUSINESS TYPES 1&2, EDUCATION TYPE 3)
Applicant	Reece Australia Pty Ltd
Request Received On	14 July 2017

PROPERTY DETAILS
Property Address	1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11/100 Rene St NOOSAVILLE
RP Description	Lots 1-11 SP 230643
Land Area	
Existing Use of Land	6 of the 11 lots have buildings constructed with current construction occurring on an additional lot.

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	The Noosa Plan
Zone	Shire Business Centre Open Space
Overlays	Biodiversity Overlay: Environment Protection Area Natural Hazard Overlay: Bushfire Hazard and Acid Sulfate Soils
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval For Material Change of Use of Premises (Industrial Business Types 1&2, Education Type 3). Specifically the application seeks to change the approved development on Lot 1.
Documentation provided with the application includes the following:

Reece Australia Pty Ltd have recently purchased Lot 1 within the Noosa Metro Innovation Park. Recce propose to build and operate a Reece HVAC-R warehouse and trade branch over the site. Reece HVAC-R specialise in supplying customers working in Mechanical Services, Air Conditioning, Refrigeration, Gas Heating and Spares, Fire Services and Backflow Prevention. The branch will also contain a small trade counter for account customers to pick up supplies and orders. While the branch includes a trade counter for pickup of supplies…….

Lot 1 of the Noosa Metro Innovation Park plans comprises of approved build A. The proposal seeks to modify approved building A to accommodate the proposed Reece HVAC-R warehouse and trade branch. This involves the amendment of the approved 4 tenancy building into a single tenancy. Notwithstanding the proposed Reece HVAC-R warehouse and trade branch does not result in substantially different development. In particular:
The proposal presents a single storey form with an internal mezzanine consistent with the approval;
The site cover is maintained at 45.2% which is consistent with the approved 45.7%;
Maintains a building form positioned along the southern boundary consistent with the existing approval;
The proposal maintains the 5m setback for fire compliance to the rear boundary;
Provides 18 on site car parking spaces consistent with the approval and requirements under the scheme of 1 space per 50sqm of use area;
Provides for a front setback of 1.8m- 3.9m facilitating a landscape buffer of typically greater than 2.0m to the front boundary. The proposed setback will complement surrounding setback pattern and allow for soft landscaping to the street frontage; and
Provides for a built form outcome that will integrate with the character of the surrounding development including the use of varied sloping roof forms.

background
A Development Permit for Material Change of Use for Industrial Business Type 1 & 2 and Education Type 3) was issued on 13 May 2008 and took effect on 29 August 2008 following the issue of a Negotiated Decision Notice.  At the time the original application was publicly notified, one properly made submission was received.  The submitter was in support of the application.
On the 14 October 2010, eleven individual lots were created, accessible via a common property driveway through the middle of the development. Due to the owners being forced into receivership, Council released the Survey Plan, with only the Operational Works associated with the common driveway undertaken. As a result, further Development Permits for Operational and Building Works approvals would be required as part of the development of each of the eleven lots.
A further approval relating to a change to this development was made on 4 February 2011.  This approval included changes to conditions to allow contributions to be paid on a per allotment basis which would assist in the individual sale of the allotments.  In addition a new condition was imposed relating to the relevant period.  In this regard, Council recognised that the roll over provisions under SPA extended the relevant period to 7 September 2014 however, given the number of subsequent approvals needed for this sized the entire development it was considered that development on the site could be continually rolled over for several decades. As development requirements can change in the future, it was considered reasonable to limit the timeframe in which to carry out the entire development to 7 September 2016.
A further change to the approval 132007.1841.03 related to staging the development was issued on 23 March 2012.
On 15 January 2015, in addition to the existing Industrial Business types 1 & 2 approved for the lot, Council approved MCU14/0077 for Retail business Type 4 showroom (trade related showroom plumbing supplies).
On 10 August 2015 Council approved MCU15/0005 for Industrial Business Types 1& 2 on Lot 11. Lot 11 previously had approval for Education Type 3.
10 August 2012 and 4 June 2013 generally in accordance applications 132007.1841.04 and 132007.1841.05 were approved.
On 8 June 2016 an extension to the relevant period application was approved and resulted in the deletion of the expiry condition.

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;
The Noosa Plan.
The following codes from the Noosa Plan are applicable to this development:
Noosaville Locality Code
Business Uses Code
Landscaping Code
Engineering Works Code

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 it relates to an amended built form layout  with the use of the land remaining consistent with the original approval;
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 mattes prescribed by regulation; and
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below.
The subject site is located in the Noosaville Locality and is zoned Shire Business Centre.
A current approval over the 11 lots in Precinct E3 permits Industrial Business Type 1 – Warehouse for 10 of the 11 lots. Currently there are 3 Industrial Business Type 1 – Warehouses established within Precinct E3 under the current approval for the site.
The Noosaville Locality Code provides the following Specific Outcomes for development within Precinct E3 of the Shire Business Centre:
O140 - Development within Precinct E3 is designed and sited to form a key employment node based on environmental research and development, in accordance with the sensitivities of the surrounding area and promoting Noosa’s position in pursuing environmental excellence;
The proposal is not based on environmental research nor does it promote Noosa’s position in environmental research. The proposal will provide additional employment opportunities within an already established industrial type Precinct and also within the Shire Business Centre.
O141- The nature, design and operation of any use within Precinct E3 is compatible with uses in other precincts, including the open space functions in the Open Space Precincts and Industrial business uses in the Noosaville Industrial Estate; and
O142 - Development has a significant business relationship with development in Precinct E4;
The community title development adjoins the Noosaville Industry zone where a variety of industrial uses exist. Opposite the site in Precinct E4 of the Shire Business Centre industrial businesses are a consistent use and a self-storage facility and food repackaging/distributor have been approved. The proposal is consistent and compatible with these nearby uses given its industrial use.
Despite industrial uses being inconsistent within Precinct E3, the other 10 lots are approved for the same industrial uses as that proposed.

Criteria	Planning Scheme	Proposal	Complies
Site Area		1584m²	
Plot ratio	950.4 m² max 0.6:1 max.	928.1m² 0.58 :1	
Site cover	N/A	44.2%	
Landscaped open space Soft landscaping Landscaping Setbacks	158.4 m² min 10% 6m to the internal loop road	160 m² 10% The proposal does not have frontage to the internal loop road.	N/A
Landscaping setback to carparking	2m	1.8m – 2.85m	X
Building height storeys metres	2 storeys max 10.0 metres	2 storey (mezzanine included) 10.3 metres	X
Roof form	50 roof pitch 600mm eaves to 75% of building perimeter	30 roof pitch 600mm eaves to 75% of building perimeter	X X
Carparking	18.562 spaces	17 spaces	X
Retail area	20% of use area 185.62sqm	19.93% 185sqm	
Roof form
The proposed plans provide for a 30 roof pitch and 600mm eaves to 50% of building perimeter.
The permit applicant has been advised that a condition will require that the roof form be amended to 50. 600mm to 50% of the building has been deemed acceptable as the eaves will be provided to the front and the northern façade. Eaves have not been required to southern elevation as a building is being built in close proximity to the common boundary on the adjacent southern lot (currently under construction). Likewise no eaves have been required to the rear elevation which abuts the environmental reserve. The requirement for a 50 roof pitch and 600mm eaves to the prominent elevations will provide for a roof form which meets the relevant objectives.
Landscaping setback to car parking
The landscaping adjacent to the car parking at the front of the site will have a minimum dimension of 1.80 metres. The landscaping adjacent to the car parking extends to a maximum width of 2.85 metres. The landscaping to the front of the building has a minimum width of approximately 3.52 metres and a maximum depth of 5.90 metres. Whilst a minor variation is proposed the overall landscaping to front of the site still enables the provision of meaningful landscaping.

Height
The existing approval contains a condition which limits the height of new buildings to 8 metres. The submitted plans provide for a building which exceeds 8,0 metres but meets to the 10.0 metre height requirement of the Noosa Plan. The applicant advises that the requirement for an increased roof pitch will result in the building having a maximum height of 10.30 metres; the increased height is a consequence of internal clearance requirements. The increased height is confined to the rear of the building and will not result in a detrimental effect on the appearance of the locality and will be in keeping with the adjoining industrial estate.

Carparking
The car parking rate for Industrial Business Type 1 is 1 space per 50sqm of total use area. As 928.1 sqm of use area is being developed the Acceptable Outcomes requires that 18.562 spaces be provided. The applicant proposes to provide for 17 on-site spaces. The applicant maintains that the 17 spaces will suitably cater for expected demand. In particular, the parking demand associated with industrial development is predominately associated with number of employees which varies depending on the type of industrial use. A warehouse is typically associated with very low employee density with the RTA Guide to Traffic Generating Developments nominating a parking rate for Warehouse of 1 parking space per 300sqm of floor area. Where applying the Scheme parking rate of 1 space per 50sqm of total use area to the warehouse component (743.1sqm), a total of 14.862 spaces is triggered. This is considerably higher than the number of employees associated with the Warehouse component with the proposed Warehouse component to trigger an employee parking demand that is more in line with the RTA rate (3 spaces). If we apply the Planning Scheme rate of 1 per 50sqm to the proposed Sales Area, a parking rate of 4 spaces is triggered leaving a balance of 13 spaces for the Warehouse component. The 13 spaces to be allocated to the Warehouse component will more than adequately cater for expected demand.
A condition will require that 18 car spaces are provided and the applicant has confirmed that this can be achieved. Achieving the required number of car parking spaces is important as industrial areas often experience parking problems. In this instance the proposal seeks to use a significant area for the purpose of retail sales which is likely to attract significant patronage. Furthermore in time it is likely that the occupant of the premise will change and it is important that car parking can also accommodate future tenancies on the site.
Sales area
The plans have been revised to confirm that the area of ‘sales’ does not exceed 20% of the total use area. The total use area and sale area calculations on the plans have been confirmed. It is noted that the mezzanine floor area has been extended slightly so as to ensure that the sales area does not exceed 20% of the total use area. The total use area is 928.1sqm and the sales area is 185sqm (19.93%).

cONSULTATION
Referral Agencies
No external referrals were required.
Other Referrals
The application was forwarded to the following internal Council specialists:
Development Engineering
Environment Officer
conclusion & reasons for decision
The application seeks to change the existing development approval for an industrial development at 1/100 Rene Street The changes seek to amend the building design, the proposed land use will remain consistent with the original approval. The proposed changes are consistent with the original development parameters of the approval and the changes are considered to be supportable under the Planning Act provisions. The intent of the existing approval was for Industrial Uses Types 1 and 2. The amended development will remain subject to the approved use type. The application is recommended for approval, subject to amended and new conditions. A number of consequential changes to conditions are also required.
RECOMMENDATION
With regard to Application No. 132007.1841.7, to make a minor change to an existing approval for Development Permit For Material Change Of Use Of Premises (Industrial Business Types 1&2, Education Type 3) situated at 26 Eenie Creek Rd Noosaville and 1 -11/100 Rene Street Noosaville, is provided in accordance with Section 63(5) of the Planning Act 2016, Council on 16 February 2018 decided to:
Approve the change.

Amend conditions 1, 14, 34 and 37 to read as follows:
Land Use
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are titled and numbered:
Plan / Document No.	Rev.	Plan / Document Name	Date
07041 SD01	B	Overall Site Plan – Sprout Architects	16/01/08
07041 SD02	B	Building K – Drawings – Sprout Architects	16/01/08
DA-004	10	Site plan, by WG Architects	
DA-005	10	Ground floor plan, by WG Architects	
DA-006	9	Mezzanine floor plan, by WG Architects	
DA-07	11	Elevations, by WG Architects	
DA-08	5	Elevations, by WG Architects	
DA-09	4	Sales floor plan, by WG Architects	
SK001	D	Landscape Concept Plan prepared by Laud ink	20.10.2017
SK010	A	Landscape Concept Plan, species schedules, images and notes prepared by Laud ink as annotated by Council	06.09.20017
07041 SD04	B	Building B – Drawings – Sprout Architects	16/01/08
07041 SD05	B	Building C – Drawings – Sprout Architects	16/01/08
07041 SD06	B	Building D – Drawings – Sprout Architects	16/01/08
07041 SD07	B	Building E – Drawings – Sprout Architects	16/01/08
07041 SD08	B	Building F – Drawings – Sprout Architects	16/01/08
07041 SD09	B	Building G – Drawings – Sprout Architects	16/01/08
07041 SD10	B	Building H – Drawings – Sprout Architects	16/01/08
07041 SD11	B	Building I – Drawings – Sprout Architects	16/01/08
07041 SD12	B	Building J – Drawings – Sprout Architects	16/01/08
07041 SD13	A	Site Sections – Sprout Architects	16/01/08
and as may be amended by these conditions.  These plans permit staging of the development on a per lot basis.
With the exception of development on Lot 1 on  SP 230643, all buildings shall comply with a maximum building height of 2 storeys and 8 metres above natural and finished ground level with the exception of additional requirements for the roofing to allow for the increased roof pitch of 5 degrees.
Carparking shall be provided within the site generally as shown on the following drawings prepared by:
Sprout Architects dated August 2007:
Building K – drawings, drawing number 07041 SD02 B,
Building B – drawings, drawing number 07041 SD04 B,
Building C – drawings, drawing number 07041 SD05 B,
Building D – drawings, drawing number 07041 SD06 B,
Building E – drawings, drawing number 07041 SD07 B,
Building F – drawings, drawing number 07041 SD08 B,
Building G – drawings, drawing number 07041 SD09 B,
Building H – drawings, drawing number 07041 SD10 B,
Building I – drawings, drawing number 07041 SD11 B,
Building J – drawings, drawing number 07041 SD12 B,
except as modified herein.
WG Architects:
Lot 1/100 Rene Street: Site Plan, drawing number DD-004 Revision 10 except as modified herein.
The car parking area as shown on drawing titled Site Plan, drawing number DD-004 Revision 10 prepared by WG Architects shall be amended such that 18 car parking spaces are provided on site.
Include new conditions 87, 88, 89, 90, 91, 92 and 93  to read as follows:
Additional Conditions – 132007.1841.7 (February 2018)
Stormwater Drainage
The site must be provided with a stormwater drainage system connecting to a lawful point of discharge.  The works must be undertaken in accordance with an Operational Works approval and be generally in accordance with the Site Based Stormwater Management Plan Reference STP17-0504 Revision B dated 20 October 2017 prepared by STP Consultants. The works must include in particular:
the works generally as shown on drawing number C301 Revision B dated 20 October 2017 prepared by STP Consultants, and
suitable horizontal and vertical clearances from existing services (stormwater and sewer)
the proposed connection to the existing drainage structure must not adversely impact on the performance of the structure or alternatively the discharge must be connected to the existing connection point provided adjacent to the northern boundary

Landscaping Works
Landscape works must be supervised, undertaken and certified by qualified persons*.  All works must be completed in accordance with this Decision Notice and the approved landscape plan.  (*Refer advisory note)
Certification the landscaping works have been carried out in accordance with the conditions of approval and the approved landscaping plans must be provided to Council prior to the commencement of use.
Landscaping must be maintained in good order for the life of the development.
Landscape works must:
Delineate all planting to grassed area interfaces with a hardwood timber edge.
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.
Soil for landscaping must provide for healthy and sustained site specific vegetation performance. (for larger sites)
Trees species must:
A minimum pot size of 75 L where identified as Annotation 6 Harpullia pendula on the approved landscape plan.
Meet Specifying Trees – a guide to assessment of tree quality (NATSPEC).
Be located in accordance with engineering requirements for safe vehicle and pedestrian sight lines.
Have 100mm mulch collars applied to the root zone.
Have at least two supporting stakes and suitable flat ties applied to ensure adequate establishment and ensure no damage to bark by rubbing.
Turfed areas must be must be free of pest, diseases and weeds and level with adjoining surfaces.
Include additional Advisory Notes 12 and 13 to read as follows:
ADDITIONAL ADVISORY NOTES
Infrastructure Charges (Change dated 16 February 2018 applicable to Lot 1)
12.	This Change to an Existing Approval will trigger an “Infrastructure Charge Notice” to be issued in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue and relates only to the Public Transport and Stormwater networks previously not included in the original approval. It is payable in addition to the original Infrastructure Charge Notice 977 (Coastal Major Road Network) and Condition 76 contributions issued under the original development permit.
Qualified Person
13.	Qualified Person, for the purpose of 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.
FURTHER DEVELOPMENT PERMITS REQUIRED:
Type of Development Permit required	Subject of the required Development Permit
Development Permit for Building Works	All Building Works
Development Permit for Operational Works	Landscaping, Access and/or Carparking, Stormwater Drainage and Erosion & Sediment Control

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