Cover Letter - Minor Change Application

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                  Unit 4




Figure 1 – Site Photograph from Gympie Terrace


The development was approved by Council on 15 September 1998 (Council reference: 12517 TC).

The Proposal
The proposed minor change application seeks an approval to erect a retractable awning over the
balcony associated with Unit 4. The awning would have dimensions of 5.4m x 2m when fully
extended.

The location and extent of the awning is illustrated in Figures 2 and 3 below




Figure 2 – Floor Plan

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Figure 3 - Perspective view


The proposed retractable awning is situated above an existing balcony and consequently would not
contribute to any additional site cover. It would also be located within the existing footprint and
maintain setbacks.

The existing units were not provided with sufficient weather protection to the balconies, which were
limited to a small curved awnings. The proposed retractable awning would enhance liveability of the
dwelling, promote outdoor living and better respond to Noosa Shire’s subtropical climate.

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below
are reflected in any change to approval decision notice. It is considered that no other change to the
approval would be necessary.

Approved Plans
 Plan No.                Rev.   Plan/Document Name                                Date
 Sheet 1                 -      Floor Plan, prepared by Meagan Smith              25/08/2022

 Sheet 2                 -      Perspective View, prepared by Meagan Smith        25/08/2022

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Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’
under section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change
       relates to a minor addition involving a retractable awning above an existing balcony
       associated with Unit 4;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor
change’ to the approved development. On this basis, it is considered that the request should be
dealt with pursuant to provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) 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.

(5) 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;

The 1997 Strategic Plan was in effect when the original application was made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was
made. In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020
when assessing the proposed changes, as this document sets out the current planning intent for the
Shire over the next 20 years.

The proposed development would be associated with a Multiple Dwelling development under the
Noosa Plan 2020. The subject site is located within the Tourist Accommodation Zone and the
Noosaville Local Plan Area. A Multiple Dwelling is impact assessable, however, the following codes
would be most applicable to the assessment:
    + Noosaville Local Plan Code;
    + Tourist Accommodation Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Code

The inclusion of the proposed retractable awning does not raise any issues against the
abovementioned codes except for front setback requirements. An assessment against most relevant
outcomes is provided below:

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Table 1 - Assessment of Development Parameters (applying to entire site area)

                  The Noosa Plan 2020              Proposal                          Compliance
                  (Acceptable Outcome)
 Building         3 storeys and 12m                No change to maximum height        P
 Height
 Site Cover       45%                              No change to site cover           P
 Side Setbacks    1.5m up to 4.5m in height;       No change – awning is located     P
                  2m between 4.5m and 7.5m         approximately 3m from the
                                                   eastern side boundary
 Front setback    8 metres from the front          The proposed awning would be      O
                  boundary for the third storey    located 6.3m from the front
                                                   boundary with Gympie Terrace
                                                   once fully extended.

The proposed development is compliant with the key acceptable outcomes contained within the
relevant codes with the exception of front setbacks. An assessment against the corresponding
performance outcomes and overall outcomes relevant to each issue are discussed below:

Front Setbacks

AO13.1
Except where otherwise specified in a local plan code, buildings and structures meet the following
minimum boundary setbacks:

Properties fronting 185-207 Gympie Terrace, 235-257 Gympie Tce or properties facing Thomas
Street where a mixed use building incorporating a non-residential use:
…

(b) 8 metres from the front boundary for the third storey;

PO13
Buildings and other structures are designed and sited to:

a)   provide a high level of amenity to users of the subject site and adjoining premises,
     including provision of visual and acoustic privacy;
b)   not unreasonably obstruct views or cause overlooking of private open space or habitable areas
     of adjoining premises;
c)   provide adequate distance from adjoining land uses;
d)   preserve existing vegetation that will help buffer development;
e)   allow for space and landscaping to be provided between buildings including adequate area
     at ground level for landscaping with trees, shrubs, outdoor living and utilities;
f)   be consistent with the predominant character of the surrounding area, maintaining the visual
     continuity and pattern of buildings and landscape elements within the street; and
g)   protect the natural character and avoid adverse impacts on ecologically important areas such as
     the beach, Noosa River, national parks and other parklands.

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The proposed retractable awning would have a minimum setback of 6.3m from its outer most
projection to the front boundary with Gympie Terrace once fully extended. Consequently, it does
not comply with the minimum rear setback of 8m pursuant to AO13.1. While not achieving the
acceptable outcome, it is considered that the proposed additions comply with Performance
Outcome PO13 of the Tourist Accommodation Zone Code for the following reasons:
+ the retractable awning would provide a high level of amenity for the users of the subject site in
     that:
     o the existing dwelling did not provide sufficient weather and sun protection to the balcony.
          The proposed retractable awning would allow the balcony to be provided with a covered
          area having dimensions of 5.4m 2m (10.8m2) which would be of adequate size, shape
          dimensions to support outdoor living opportunities that to meet the needs of the
          occupants and protect the habitable living areas of the dwelling;
     o the deck extension would enhance liveability of the dwelling and promote outdoor living;
          and
     o it would better respond to Noosa Shire’s subtropical climate and improve its passive
          design;
+ the proposed awning is a low profile, open and lightweight and retractable structure and would
     maintain visual and acoustic privacy for adjoining residents and not unreasonably obstruct
     views;
+ the awning will provide an adequate separation from the adjoining land uses, being positioned
     a minimum of 3m from the eastern side boundary;
+ the proposed awning will not impact on landscaping provisions;
+ the proposed setback will be consistent with the predominant character of the area and
     maintain the visual continuity and pattern of buildings, in that:
     o the adjoining property to the east comprises a large 3 storey building which provides a
          minimum setback of 5.5m from its outermost projection at the 3rd storey to the front
          boundary;
     o the adjoining property to the west comprises a large 3 storey building which provides a
          minimum setback of 3m from its outermost projection at the 3rd storey to the front
          boundary;



Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act
2016 and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it
has adequately been demonstrated that the proposed changes comply with the performance and/or
overall outcomes of the relevant codes and will maintain a high level of residential amenity and a
building that complements the beachside character of the area. Consequently, the minor change
application should be supported.

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Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to
the requested minor change to a development approval. Should you have any questions in relation
to the proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,




Marcus Brennan
B. Urb. Reg. Plan.