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Cover Letter - Minor Change Application · 51989.294.02

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Date: 23 June 22


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Via Email ([email protected])

Dear Sir/Madam

RE:     Request for Minor Change to Development Approval relating to a Town Planning Consent
        Permit for a Group Housing Development of 21 dwellings at 2/390 David Low Way,
        Peregian Beach described as Lot 2 on GTP102586 (TPC2209)

In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor
Change to the Development Approval (TPC2209) at the abovementioned property.

This request is made on behalf of Ian John Altschwager and Mary Ann Jolley, being the owners of the
premises of which the proposed change relates to.

In support of the application, please find enclosed:
    + Planning Act Form 5;
    + Architectural Plans (Attachment 1);

Payment of the minor change application fee will be made upon Council issuing the relevant Tax
Invoice.


Background

On 1 June 1989, Council resolved to approve an application for a group housing development for 21
dwellings at the site (TPC2209). The development is known as the ‘Retreat’.

On 25 February 1993, Council approved a modification to the development. The layout of the modified
development is illustrated in Figure 1 below:
Full text of the other 7 pages

Page 2

Figure 1 –Approved Modified Layout (TPC2209)

A summary of the key development details is provided in the table below:-

 Subject                  Allowable                    Original              Modification
                                 2
 Site Area                8933m                        -                     -
 Max Population Density   107 people                   69.3                  69.3
 Max Gross Floor Area     4280m2                       2986m2                2881m2
 Max Site Cover           3575m2 (40%)                 1858m2 (20.8%)        1819m2 (20.36%)
 Minimum Landscaped       2772m2 (31.03%)              5847m2 (65.45%)       2772m2 (61.9%)
 Open Space
 Max Building Height      2                            2                     2
 (storeys)
 Max Building Height      8                            8                     8
 (metres)
 Car Parking Spaces       32                           28                    32



The Proposal

The proposed minor change application seeks to make alterations and additions to Unit 2 within the
complex. The alterations and additions include:
    • new storeroom area;
    • new deck under an existing external deck;
    • new powder room
    • new rear sliding glass door to match existing;
    • new windows to match existing; and
    • internal alterations including kitchen modifications.

Page 3

Details of the alterations and additions are provided in Figures 1 - below.




Figure 2 – Site Plan Illustrating Location of Unit 2




Figure 3 – New Storeroom Area

Page 4

Figure 4 – Proposed Ground Floor




Figure 4 – Upper Level Additions and Alterations Including New Powder Room

Page 5

Figure 6 – Proposed South Elevation

The proposed additions to Unit 2 would include:
    • An additional Gross Floor Area of 15.12m2.
    • An additional Site Cover of 2m2.

The proposed changed would have the following changes to the area applying to the overall
development:

 Subject                  Allowable                     Existing Approved     Proposal
                                 2
 Site Area                8933m                         -                     -
 Max Population Density   107 people                    69.3                  No change
 Max Gross Floor Area     4280m2                        2881m2                2896.12m2
 Max Site Cover           3575m2 (40%)                  1819m2 (20.36%)       1821m2 (20.38%)
 Minimum Landscaped       2772m2 (31.03%)               2772m2 (31.03%)       No change
 Open Space
 Max Building Height      2                             2                     No change
 (storeys)
 Max Building Height      8                             8                     No change
 (metres)
 Car Parking Spaces       32                            32                    No change

Changes to Conditions/Plans of Approval

As a result of approving the proposed change the following additional plans would need to be
referenced in the decision notice:

Page 6

Approved Plans
 Plan No.           Rev.    Plan/Document Name                                   Date
 SK_3.01            C       Site Plan, prepared by Blackwood Architecture &      03/03/2022
                            Design
 SK_4.3             C       Proposed Basement Plan, prepared by Blackwood        03/03/2022
                            Architecture & Design
 SK_4.4             C       Proposed Ground Floor, prepared by Blackwood         03/03/2022
                            Architecture & Design
 SK_4.5             C       Proposed Level 1, prepared by Blackwood              03/03/2022
                            Architecture & Design
 SK_5.5             C       Proposed North Elevation, prepared by                03/03/2022
                            Blackwood Architecture & Design
 SK_5.6             C       Proposed East Elevation, prepared by Blackwood       03/03/2022
                            Architecture & Design
 SK_5.7             C       Proposed South Elevation, prepared by                03/03/2022
                            Blackwood Architecture & Design
 SK_5.8             C       Proposed West Elevation, prepared by Blackwood       03/03/2022
                            Architecture & Design


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 additions and alterations to a unit within group housing complex;
    + The changes would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency; and
    + The application would not need to be undergo public notification as a consequence of the
       change.

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;

Page 7

The original application was submitted on 1 June 1989 under the 1988 Strategic Plan for Noosa
which applied at the time.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was
made. The proposed development would be defined as a Multiple Dwelling under the Noosa Plan
2020. The subject site is located within the Medium Density Residential Zone and the Coastal
Communities Local Plan Area. A Multiple Dwelling is assessable against the following benchmarks
contained within the Noosa Plan 2020:
    + Coastal Communities Local Plan Code;
    + Medium Density Residential Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Codes
    + Coastal Protection and Scenic Amenity Overlay Code

The proposed changes would remain consistent with the applicable assessment provisions under the
Noosa Plan 2020. Notably:
    + It would provide a plot ratio of 0.32, complying with a maximum plot ratio of 0.4.
    + It would provide a site cover of 20.38%, complying with a maximum site cover of 40%.
    + The proposed development would comply with Overall Outcomes 2 a), b) and c) of the
       Coastal Protection and Scenic Amenity Overlay Code for the following reasons:
           o The development will not impact on natural processes of erosion and accretion,
               including as a result of sea level rise, as it is located outside of the 2100 erosion
               prone area mapping and relates to very minor additions that are positioned within
               the curtilage of an existing dwelling
           o The development will protect the visual character and scenic amenity of the Coastal
               Protection and Scenic Amenity Area in that:
                   § the storeroom will be positioned below an existing deck and ensure that the
                       existing building alignment to the coastal boundary is maintained;
                   § the additions have been designed in a manner that will complement the
                       existing lightweight and low-scale character of the dwelling; and
           o The development is designed and sited to protect the visual character and scenic
               amenity of the Coastal Protection and Scenic Amenity Area and to integrate with the
               surrounding natural landscape and skyline vegetation in that:
                   § The additions are located within the curtilage of an existing dwelling; and
                   § The additions will ensure that landscaped areas throughout the site are
                       maintained;

Page 8

Conclusion

The above report demonstrates that the proposed additions constitute a minor change under the
Planning Act 2016 and appropriately responds to the provisions and intent of the Noosa Plan 2020.

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.

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