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Growth Infrastructure and Waste Committee Meeting Agenda |
5 September 2023 |
This matter has been determined to be of a significant nature and approval has been given to refer this report to the Growth Infrastructure and Waste Committee as a supplementary item.
ITEM: 7
SUBJECT: Development application recommendation (minor change) 10301/2019/MAMC/B
AUTHOR: Development Planner
DATE: 31 August 2023
This is a report concerning a change request to development application number 10301/2019/MAMC/A for a Material Change of Use - Business Use, Entertainment Use, Recreation Use & Shopping Centre to be predominantly undertaken within existing, refurbished buildings, which form part of the redevelopment of the Nicholas Street and Union Place Precinct by Ipswich City Council. The application seeks amendments to the approved plans for the development and an amendment to one (1) condition of the approval consequential to the proposed plan changes.
The subject application requires determination by Council in accordance with the Framework for Development Applications and Related Activities Policy as the minor change application has been made by Council and does not relate to the provision of standard local government infrastructure. Further, the application is considered a Sensitive Development Matter and is required to be reviewed by an Independent Decision Review Panel.
The minor change request is recommended to be approved.
A. That Council resolve to approve development application no. 10301/2019/MAMC/B subject to conditions as contained in Attachment 2 of this report.
RELATED PARTIES
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Applicant |
Ipswich City Council C/- Sinclair Planning Pty Ltd. The primary contact is Leisa Sinclair (Director). |
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Owner |
Ipswich City Council Program 31. |
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Town Planning Consultant |
Sinclair town Planning Pty Ltd. The primary contact is Leisa Sinclair (Director). |
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Architect |
Buchan Group. |
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Project Manager |
Savills Australia. The primary Contact is Amanda Beutel (Project Director). |
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Independent Decision Review Panel |
Craig Harte (Town Planner, employed as a Practice Leader – Planning at RPS Group) |
ifuture Theme
Vibrant and Growing.
Purpose of Report/Background
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8, 11, 29, 37 & 39 Nicholas Street, 8 Bell Street and 143 Brisbane Street IPSWICH QLD 4305 |
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APPLICATION TYPE: |
Change Application – Minor Change |
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ORIGINAL PROPOSAL: |
Material Change of Use - Business Use, Entertainment Use, Recreation Use & Shopping Centre |
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ZONE: |
CBD Primary Retail |
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OVERLAYS: |
OV5 – Flooding and Urban Catchment Flow Paths, OV7A – Building Height Restriction Area 45m, OV7A – Transitional Surface & OV7B – 8km Existing Committed Urban Townships Buffer |
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APPLICANT: |
Ipswich City Council C/- Sinclair Planning Pty Ltd |
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OWNER: |
Ipswich City Council Program 31 |
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EXISTING OR PROPOSED TRADING NAMES: |
Ipswich City Council |
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APPLICATION NO: |
10301/2019/MAMC/B |
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AREA: |
29,181m2 |
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REFERRAL AGENCIES: |
Queensland Government State Assessment Referral Agency (SARA) |
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EXISTING USE: |
Shopping Centre |
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PREVIOUS RELATED APPROVALS: |
2229/17/RAL Reconfiguring a Lot (one (1) lot into three (3) lots 4583/17/MCU Business Use and Community Use (Office Tower) – Council Administration Building 995/18/MCU Business Use (Cafe, Restaurant and/or Hotel) and Community Use (Library and Visitor Information Centre) |
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10301/2019/MCU – Original Application 10301/2019/MAMC/A – 1st Minor Change |
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DATE RECEIVED: |
31 July 2023 |
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DECISION PERIOD START DATE: |
2 August 2023 |
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EXPECTED DETERMINATION DATE: |
14 September 2023 |
SITE LOCATION:
Figure 1 - Site Locality
Figure 2 - Nicholas Street Precinct Plan
SITE DETAILS AND SURROUNDING LAND USES:
The Nicholas Street Precinct consists of land bound by Bremer Parade to the north, Bell Street to the east, Brisbane Street to the South and Ellenborough Street to the west. This area is currently under redevelopment by Ipswich City Council and includes the new Ipswich Central Library, Administration Building, Tulmur Place and refurbished areas for entertainment, dining, retail and recreational type uses. The minor change application at hand relates specifically to the Venue Building located in the south-west corner of the precinct (generally at the corner of Ellenborough Street and Brisbane Street).
PROPOSAL:
On 12 December 2022, Council issued a Decision Notice in relation to Development Permit No. 10301/2019/MAMC/A that approved a minor change for a Material Change of Use – Business Use, Entertainment Use, Recreation Use & Shopping Centre at 8, 11, 29, 37 & 39 Nicholas Street, 8 Bell Street and 143 Brisbane Street, Ipswich QLD 4304.
On 1 August 2023, the applicant submitted a further minor change application. The change application relates to further modifications to the Venue Building based on tenanting and operational requirements and proposes changes to the approved plans and one (1) condition.
Specifically, the applicant seeks Council’s approval for the following plan changes:
- Modifications to the Nicholas Street entry and façade to widen the proposed northern entry and amend proposed floor levels to deliver more equitable access for all users;
- Increase to the atrium area on the ground level by setting back Mini Major Tenancy 1 & 2 and changes to ground levels to tie-in to the amended entry;
- Redistribution of the Mini Major Tenancy 1 & 2 floor area to create Tenancy T3/T4;
- Introduction of two (2) kiosks spaces on the ground level and amendment of F&B Tenancy No.4a on Level One to a third kiosk space;
- Integration of a number of bin servicing and fire evacuation corridors to suit the proposed layout including additional fire evacuation doors on the northern elevation;
- Variations to the level 1 concourse and terrace to suit other changes and deliver increased dwell space; and
- Reduction in the size of the glass portion of roof above the atrium.
Additionally, the application proposes a change to Condition 10 – Bottle Alley to update a reference to previously approved plans which is to be changed as a result of this change application. As a consequence of the above changes, there will be an overall reduction in Gross Floor Area of 82m2. For clarity, this application proposes no changes to the approved land use activities, the approved hours of operation or the building height.
Consideration has been given to the relevant matters for assessing a minor change in the Planning Act 2016, having regard to the definition of minor change in Schedule 2. It is considered that the change application meets the definition of a minor change in accordance with the Planning Act 2016 and therefore the request has been assessed having regard to the assessment criteria in Section 81.
A full assessment of the minor change application has been undertaken (refer Attachment 1). The minor change application is recommended to be approved in accordance with Attachments 2 and 3, and as follows:
Nature of Changes:
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Nature of Change |
Decision |
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Decision Notice |
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Part 3 – Approved Plans, Specifications and Supporting Material |
To be amended |
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Attachment A |
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Condition 10 – Bottle Alley |
To be amended |
OTHER MATTERS GIVEN REGARD:
The assessment has given regard to the relevant matters identified in section 27 of the Planning Regulation 2017 and in accordance with section 82(4)(c) of the Planning Act 2016.
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Relevant matter |
Assessed against or had regard to |
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Planning Regulation 2017, s27(1)(f) |
Any development approval for, and any lawful use of, the premises or adjacent premises. |
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Planning Regulation 2017, s27(1)(g) |
The common material. |
Legal IMPLICATIONS
This report and its recommendations are consistent with the following legislative provisions:
· Planning Act 2016;
· Planning Regulation 2017
· Ipswich Planning Scheme 2006; and
· Ipswich Adopted Infrastructure Charges Resolution (No. 1) 2023.
policy implications
There are no policy implications with this report.
RISK MANAGEMENT IMPLICATIONS
A risk to Council exists should the proposal not be determined in accordance with legislative requirements. The assessment and subsequent recommendations have been prepared to minimise the risk.
Financial/RESOURCE IMPLICATIONS
There are no resource implications associated with this report.
COMMUNITY and OTHER CONSULTATION
The subject application is a minor change to an existing code assessable development permit and was therefore not required to follow the public notification process pursuant to the Planning Act 2016 as the application did not require referral to a Referral Agency other than the Chief Executive.
Notwithstanding, all relevant application material is accessible via Council’s Development.i website. Council as assessment manager has not received any written submissions in relation to the proposed changes.
INTERNAL CONSULTATION
Not applicable.
EXTERNAL CONSULTATION
The development application is classified as a Sensitive Development Matter and therefore requires review by an Independent Decision Review Panel prior to being determined, in accordance with the Council policy titled Frameworks for Development Applications and Related Activities. The Independent Decision Review Panel has been selected in accordance with the procedure and contains only one member, Craig Harte (Town Planner, employed as a Practice Leader – Planning at RPS Group). In this instance, it was considered appropriate to select only one member for the panel, as the application utilises predominantly existing buildings and infrastructure, and therefore there are limited technical aspects associated with the proposal which require additional input and it is unlikely that additional members would have dissenting opinions.
The application material was referred to the IDRP panel on 21 August 2023 for review with a response received on 1 September 2023. The IDRP report identified one (1) recommended amendment to the decision notice and approved plans being rewording of an assessment managers note on the ‘Retail Precinct Plan, Revision C’ prepared by Buchan Group and dated 27 March 2020 which refers the viewer to an alternative plan. The IDRP panel recommended that the note be retained with amended wording to clarify why the reader was being referred to the alternative plan. The recommendation was made on the basis that the current wording was vague for readers not familiar with the application as the mark-up relates to an amendment adopted as a part of 10301/2019/MAMC/A which removed proposed works to widen Bottle Alley at the Ellenborough Street end that were included in the original decision which were not reflected on the Retail Precinct Plan.
This recommendation has been adopted in the final draft for approval.
Conclusion
An assessment of the change request has been undertaken and it has been determined that the changes are generally consistent with the original approval and relevant legislative requirements. Accordingly, the change application is recommended to be approved in accordance with the recommendations and attachments of this report.
HUMAN RIGHTS IMPLICATIONS
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HUMAN RIGHTS IMPACTS |
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OTHER DECISION |
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(a) What is the Act/Decision being made? |
Decision to approve development application 10301/2019/MAMC/B.
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(b) What human rights are affected? |
The applicant is a company and therefore does not have human rights under the Human Rights Act 2019.
The application is for a minor change and therefore, public notification is not application to the development pursuant to the Planning Act 2016.
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(c) How are the human rights limited? |
Human rights are not limited as a result of this decision.
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(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable? |
Not applicable.
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(e) Conclusion |
The decision is consistent with human rights. |
Attachments and Confidential Background Papers
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1. |
Change Application Assessment Report ⇩ |
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2. |
Draft Change Decision Notice ⇩ |
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3. |
Draft Approved Plans ⇩ |
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4. |
Referral Agency Response ⇩ |
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5. |
Application Material to Independent Decision Review Panel ⇩ |
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6. |
Independent Decision Review Panel Report ⇩ |
Lachlan Mossom
Development Planner
I concur with the recommendations contained in this report.
Mitchell Grant
Development Assessment Central Manager
I concur with the recommendations contained in this report.
Anthony Bowles
Manager, Development Planning
I concur with the recommendations contained in this report.
Brett Davey
General Manager Planning and Regulatory Services
“Together, we proudly enhance the quality of life for our community”
