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Cover Letter - Minor Change Application · 51991.475.05
Date: 4 November 24 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 (TPC2413) involving Unit 11 at 2-10 Banksia Ave Noosa Heads described as Lot 6 on GTP3209 In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change to the Development Approval (TPC 1920) at the abovementioned property. This request is made on behalf of PEM Shepparton P/L TTE, being the owner of Unit 11 described as Lot 6 on GTP3209. In support of the application, please find enclosed: + Planning Act Form 5; + Proposal Plans (Attachment 1); and Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice. Background On the 27 February 1992, Council approved a Town Planning Consent (TPC2413) for a group housing development (16 units) at 2-8 Banksia Ave and 74-78 Cooroy-Noosa Rd, Noosa heads, of which the land formed part of at the time. On 19 July 2004, Council approved a minor change application which related to increasing the size of an existing deck and providing a roof covering over associated with Unit 16 (Lot 1 GTP 3209) (Council Reference (51991.475.02). On 4 November 2020, Council approved a ‘generally in accordance’ request which related to increasing the size of an existing and providing a roof covering above associated with Unit 14 (Lot 3 GTP 3209). It was estimated that the development had a total site cover at approximately 38.4% and the roofed patio extension would result in a site coverage of 38.66%. (Council Reference: 51991.475.03.
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The Proposal The proposed minor change application seeks approval to make additions and alterations to Unit 11 described as Lot 6 on GTP3209. The additions and alterations involve increasing the size of an upper- level deck with a roof over. The proposed new deck will have dimensions of 5.048m x 4.7m (23.72m2) and will allow sufficient spaces for outdoor living opportunities and enhance the overall liveability of the unit. The proposed deck will increase the size of the existing deck by 11.6m2 or 0.28% of the site area. The proposed changes are illustrated in Figures 1 and 2 below Figure 1 – Existing upper level Figure 2 – Proposed upper level Figure 3 – Existing Street Appearance Figure 4 – Proposed Street Appearance The proposed alterations and additions will improve the layout of the unit by providing a more open and spacious floor plan, as well as providing an overall enhancement of the liveability of the unit.
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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
A103 - Proposed Site Plan, prepared by Collins Building 05.07.2024
Designs
A202 - Proposed Ground Floor Plan, prepared by Collins 05.07.2024
Building Designs
A302 - Proposed Front Elevation, prepared by Collins 05.07.2024
Building Designs
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 increase the size of a deck associated with
Unit 16;
+ 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; and
+ The change would not require notification.
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 original development application for a group housing development (16 units) was approved the
27 February 1992
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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 constitute a Multiple Dwelling under the Noosa Plan 2020. The
subject site is located within the Medium Density Residential Zone and the Noosa Heads Local Plan
Area. A Multiple Dwelling is code assessable, and subject to assessment against the following codes:
+ Noosa Heads Local Plan Code;
+ Medium Density Residential Zone Code;
+ Dual Occupancy and Multiple Dwelling Code; and
+ Works Codes
Key Issues
Site Cover
Performance Outcome PO10 of the Medium Density Residential Zone Code requires that:
Site cover of development:
a) does not exceed 40% of the site area; or
b) for small dwellings or for development which provides a ratio of at least three small
dwellings to one other dwelling, does not exceed 45% of the site area.
Comment
Council has estimated that the existing site cover over the entire site equates to 38.66%. The
proposed deck extension would increase the site cover by 11.6m2 or 0.28% of the site area.
Consequently, the total cover would be 38.94% as a result of the change and therefore would
remain compliant with PO10.
Conclusion
The above report demonstrates that the proposal involves a minor change under the Planning Act
2016 and remains compliant with the requirements of the Noosa Plan 2020. It will also provide high
level of residential amenity for the residents by improving outdoor living opportunities and
complements the character of the area. Consequently, the minor change application should be
supported.
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.
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