Council archive · source document
Minor Change - Planning Report · 51997.2256.02
Town Planning Report Request for a Minor Change to the Conditions specified within the Decision Notice 40 Hastings Street, Noosa Heads 4567 QLD Lot 6 on SP108904 and Lot 0 on SP108895 MITCH NOOSA PTY LTD A.C.N. 624 229 072
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Development Intent 5
2.1 Development Background 5
2.2 Proposed Minor Change 5
3. Minor Change Planning Assessment 6
3.1 Planning Act 2016 6
3.2 Noosa Plan 2020 Development Codes 7
3.3 Driveways and Parking Code 8
4. Proposed Amendment to Conditions 9
4.1 Existing Condition 19 9
4.2 Proposed Amendment to Condition 19 9
4.3 Existing Condition 46 9
4.4 Proposed Amendment to Condition 46 9
5. Conclusion 10
RG Strategic Planning Report – Minor Change Application 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for Mitch Noosa Pty Ltd (“Client”) for the specific purpose of
demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“Purpose”). This
report is strictly limited to the purpose and the facts and matters stated in it and does not apply
directly or indirectly and will not be used for any other application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter
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compensation, interest and any other direct, indirect, consequential or financial or other loss.
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1. Summary
RG Strategic has prepared this development application on behalf of Mitch Noosa Pty Ltd. The
purpose of this report is to seek approval for a Minor Change Application to amend the following of
Decision Notice 51997.2256.01 of the property known as Bella Casa (Noosa):
• Amend Condition 19 (Car Parking), and
• Amend Condition 46 (Approved Plans).
The subject site is located at 40 Hastings Street, Noosa Heads and if formally described as Lot 6 on
SP108904.
Bella Casa currently consists of 26 x Multiple Dwellings Units with associated guest facilities, 2 x
Shop/Commercial Services Uses, management and reception facilities, and 34 off-street car
parking spaces. One unit along with a number of associated storage areas and facilities are utilised
exclusively by the manager. These areas are identified as Lot 6 in the Survey Plans enclosed within
Appendix C.
The proposed Minor Change seeks to create 1 additional lot (Lot 28) by splitting the reception and
management exclusive areas attributed to Lot 6 from the dwelling unit (Lot 6 – manager’s
residence). Lot 6 currently consists of:
• 1 x reception area being 8m2 and located on Level A,
• 1 x associated facilities/storage area being 5m2 and located on Level A.
• 1 x multiple dwelling unit (manager’s residence) located on Level B,
• 2 x associated facilities/storage areas being 4m2 each and located of Level B, and
• 1 x existing car parking space for the exclusive use of Lot 6.
It is proposed that Lot 6 will be split as per the following:
• Lot 6 will consist solely of the multiple dwelling unit (previously the manager’s residence) and
the existing car park space allocated to the unit.
• The proposed Lot 28 will consist of entirely of the associated facility, storage and reception
areas relevant to the administration and management of Bella Casa. A total of
approximately 21m2. The provision of 1 x car parking space is proposed to be located on
Level A for the exclusive use by the visitor accommodation (Bella Casa)
manager/receptionist. The provision of the additional car parking space requires a minor
change to the approved plans and existing car parking arrangements.
As a new allotment is being created, an additional car park is proposed to be provided. This car
park is proposed to be provided in the area labelled as “turn around”, located between spaces 12
and 13 as identified on the 11852 TC Approved Plans prepared by John Dimitriou Architects
(Appendix B). This car park is identified as parking space #35 in the Proposed Plans enclosed within
Appendix A.
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This report should be read in conjunction with the accompanying DA Form and Appendices. The development is appropriate and is not anticipated to impact upon the amenity of any of the immediate neighbouring properties, the local plan area or the streetscape. Council’s approval of the application is therefore sought. RG Strategic Planning Report – Minor Change Application 4
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2. Development Intent
2.1 Development Background
On 5 November 1997, Council approved a Town Planning Consent 11852 TC for 26 multiple dwelling
units, 1 x shop use, 1 x commercial services (bank) use, and 34 off-street car parking spaces on the
site.
On 26 August 2013, Council approved a change to the approved plans under 51997.2256.01 to permit
a minor redesign of the shop uses adjoining Hastings Street.
Copies of the above Decision Notices and Approved Plans are enclosed within Appendix B.
2.2 Proposed Minor Change
The proposed Minor Change seeks to create an additional Lot 28 and the provision of an additional
car parking space, which is explained below.
It is proposed that Lot 6 will be split as per the following:
• The proposed Lot 28 will consist of entirely of the associated facility, storage and reception
areas relevant to the administration and management of Bella Casa. A total of
approximately 21m2. The provision of 1 x car parking space is proposed to be located on
Level A for the exclusive use by the visitor accommodation (Bella Casa)
manager/receptionist. The provision of the additional car parking space requires a minor
change to the approved plans and existing car parking arrangements.
• Lot 6 will consist solely of the multiple dwelling unit (previously the manager’s residence) and
the existing car park space allocated to the unit.
The proposed Minor Change results in the splitting the exclusive areas identified as being attributed
to Lot 6. The proposed division of these exclusive areas consists of:
Proposed Lot 28 - Administration & Management of Bella Casa
• 1 x reception area being 8m2 and located on Level A,
• 1 x associated facilities/storage area being 5m2, and located on Level A.
• 2 x associated facilities/storage areas being 4m2 each and located of Level B, and
• 1 x car parking space identified as parking space #35 in the Proposed Plans located on Level
A.
Lot 6 – Dwelling Unit
• 1 x multiple dwelling unit (previously manager’s residence) located on Level B, and
• 1 x existing car parking space for the exclusive use of Lot 6.
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3. Minor Change Planning Assessment
3.1 Planning Act 2016
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in substantially different development; and
(ii) if a development application for the development, including the change, were made
when the change application is made would not cause—
(A) the inclusion of prohibited development in the application; or
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:
Table 1 - Substantially Different Development
‘Substantially different’
Comment
development
Involves a new use The storage/reception/administration area is small
scale being only 21m² and is used for the management of
the visitor accommodation.
The storage/reception area/administration is not used
for any other purpose and is not a separate use as such,
but ancillary to the existing resort accommodation and
is only used for the management of the Bella Casa
complex. A small area such as this is expected and is
typical for a resort such as this.
Importantly this area has been approved as a
storage/reception area as indicated on the approved
plans enclosed in Appendix C.
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‘Substantially different’
Comment
development
Results in the application applying No new land is part of this change application.
to a new parcel of land
Dramatically changes the built No changes to the external built form is proposed. The
form in terms of scale, bulk, and
proposed car parking space is to be located on existing
appearance
sealed area within the car park.
Changes the ability of the proposal The proposed separation of the Dwelling Unit (Lot 6) from
to operate as intended
the management and reception functions through the
creation of a separate title (proposed Lot 28) will have no
impact on the development and its operation as a visitor
accommodation use.
The proposed additional car park is located in the
existing car park provides allocated parking for both Lot
6 (existing dwelling unit) and the proposed Lot 28
(management, storage and reception areas).
Removes a component that is As discussed, there is no change to the existing
integral to the operation of the
operation of visitor accommodation.
development
Significantly impacts on traffic flow The proposed change is providing an additional space
and the transport network, such as
to the development to fully comply with the Driveways
increasing traffic to the site
and Parking Code of the Noosa Plan 2020.
Introduces new impacts or increases The proposal will not create any new impacts or increase
the severity of known impacts
the severity of known impacts as the proposed car
parking space (#35) ensures the proposal fully complies
with the Driveways and Parking Code of the Noosa Plan
2020.
Removes an incentive or offset No incentive or offset component will be impacted as a
component that would have
result of the proposed Minor Change.
balanced a negative impact of the
development
Impacts on infrastructure provisions The proposed Minor Change will not impact upon any
infrastructure network.
3.2 Noosa Plan 2020 Development Codes
The development codes applicable to the proposed Minor Change are:
• Noosa Heads Local Plan Code;
• Tourist Accommodation Zone Code;
• Visitor Accommodation Code; and
• Works Code – specifically the Driveways and Parking Code.
A review of the development codes has been undertaken. The proposed Minor Change complies
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with the intent of the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the
abovementioned codes with the following commentary provided.
Noting the storage/reception/administration area proposed to be titled is not a separate use on-
site but was approved as an ancillary area to support the visitor accommodation. This area is
essential to, ancillary with and subordinate to the primary use (visitor accommodation). This type of
area is common in resorts and used to welcome guests, provide an area where guests can store
luggage for the day after checkout and the usual storage of bedding, towels etc. This minor change
does not seek an additional use or operation on-site but seeks to formalise an area that has already
DA approval for the purpose.
3.3 Driveways and Parking Code
A review of the Driveways and Parking Code requirements has been assessed below. The relevant
Performance Outcome PO6 is provided for reference.
PO6
Sufficient parking
(a) is provided having regard to the specifics of the use including—
(i) the type and intensity of land use;
(ii) any existing parking available on the site;
(iii) hours of operation;
(iv) likely numbers of users;
(v) accessibility to the site by means other than private motor vehicle;
(vi) the peak parking demand periods of uses on the site; and
(vii) the availability of alternative car parking; and
(b) is provided to accommodate the number and type of vehicles and motorcycles likely
to be generated by the development.
In separating the areas identified as Lot 6 into the dwelling unit only (previously the manager’s
residence with an allocated car park) from the reception and storage areas, by means of a new
title, an additional car parking space is required for the manager/receptionist.
The provision of an additional car parking space ensures that there is sufficient carparking of the
proposed titling separation of the management and associated use areas from the once manger’s
residence (Lot 6).
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4. Proposed Amendment to Conditions
Conditions 19 and 46 are required to be amended to reflect the minor change to the approved plans.
It is suggested that Conditions 19 and 46 are amended to read as follows:
4.1 Existing Condition 19
19 Provision of at least 34 off-street car parking spaces, comprising 26 covered spaces and 8
uncovered spaces, and access thereto which are to be provided with a sealed pavement
and designed, drained, constructed and maintained in accordance with the Planning
Scheme AS2890.1 1993 edition, Council's Policies and to the reasonable satisfaction of the
Shire Engineer. Plans and specifications for these works are to be submitted to the Shire
Engineer for approval in conjunction with the Building Application. A Building Approval shall
not be granted until the Shire Engineer has approved of the carparking and access scheme.
4.2 Proposed Amendment to Condition 19
19 Provision of at least 35 off-street car parking spaces, comprising 27 covered spaces and 8
uncovered spaces, and access thereto which are to be provided with a sealed pavement
and designed, drained, constructed and maintained in accordance with the Planning
Scheme AS2890.1 1993 edition, Council's Policies and to the reasonable satisfaction of the
Shire Engineer.
4.3 Existing Condition 46
46 As per permissible change approval 51997.2256.01, the approved plans for the commercial
premises (bank) or shop use are outlined below:
Drawing No Rev Description Date
D01 B Floor Plan / Ceiling Plan’ drawn by Thomsett Architecture 17/07/2013
E01 A Elevations / Sections drawn by Thomsett Architecture 27/06/2013
E02 A Section drawn by Thomsett Architecture 27/06/2013
4.4 Proposed Amendment to Condition 46
46 As per permissible change approval 51997.2256.01 and 51997.2256.02, the approved plans for
the use are outlined below:
Drawing No Rev Description Date
D01 B Floor Plan / Ceiling Plan’ drawn by Thomsett Architecture 17/07/2013
E01 A Elevations / Sections drawn by Thomsett Architecture 27/06/2013
E02 A Section drawn by Thomsett Architecture 27/06/2013
A01 A Level A Car Parking Plan 30/1/2023
A02 A Level A Car Parking & Use Area Plan 30/1/2023
A03 A Level B First Floor Plan 30/1/2023
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5. Conclusion
As demonstrated in this report, the proposal complies with the definition of a Minor Change and is
consistent with the intent of the original approval. This report demonstrates that the proposed
development is permitted pursuant to the provisions of the Planning Act 2016 and fully complies with
the most relevant provisions in the Noosa Plan 2020.
The areas identified as Lot 6 have been historically utilised for management purposes and the unit
(Lot 6) exclusively used as the manager’s residence. The separation of the manager’s residence from
the management, reception and administration functions of the visitor accommodation requires a
minor change to the approved plans and titling arrangements. To facilitate the detachment of the
residence from the role of the visitor accommodation manager, an additional car parking space is
proposed.
The provision of the additional car parking space will not cause any new impacts on the surrounding
area or the existing operation and function of the visitor accommodation (Bella Casa).
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016;
• The proposal is consistent with the outcomes sought by the Noosa Plan 2020; and
• The proposal is consistent within the intent of the Decision Notices (Town Planning Consent
11852 TC and 51997.2256.01).
Approval of the proposed Minor Change is recommended. We look forward to Council processing
the application at its earliest convenience. Should you require any additional information or have
any queries please to not hesitate to contact us.
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