AMENDED Minor Change - Planning Report · 132006.272.01

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Table of Contents

Important Note                                                                                                                                                                   2

1.      Summary                                                                                                                                                                  3

2.      Background                                                                                                                                                               4
        2.1     Engagement with Council Officers                                                                                                                                 4

3.      Development Intent – Proposed Change                                                                                                                                     5

4.      Proposed Change to Conditions                                                                                                                                            5

5.      Planning Assessment                                                                                                                                                      6
        5.1     Development Codes                                                                                                                                                 7
        5.2 Minor Change                                                                                                                                                         8

6.      Conclusions                                                                                                                                                             10




List of Figures
Figure 1 - Floor Plan ............................................................................................................................................................ 3



List of Tables
Table 1 - Substantially Different Development Guideline .................................................................................... 8




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 the sole purposes of SG Myrteza & DA Sexton + Tonges Snape
Family 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

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                 arising out of or incidental to a Third Party; and

             •   publishing, using, or relying on the facts, content, opinions, or subject matter
                 contained in this report

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taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
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 SG Myrteza & DA Sexton +
Tonges Snape Family PTY LTD. The purpose of this report is to seek approval for a Minor Change to
approval 132006.272. The subject site is located at 1 + 2 / 11 Angler Street, Noosa Heads and is
formally described as Lot 1 + 2 on SP221905.

The proposed Minor Change seeks a retrospective approval to change lot 1 + 2 from a three
bedroom dwelling units to a four bedroom dwelling units. The approved sitting room is changed to
a bedroom. The duplex dwelling retains 2 covered car parking spaces for the subject lot and as a
whole development 4 covered spaces (2 per lot) are provided. The dwellings are used lawfully for
short term or long term accommodation purposes.

Councils short stay local law department brought the matter to the owners attention that the
current approval is for a 3 bedroom dwelling unit. Therefore, this minor change is submitted to
change the approval to two 4 bedroom dwelling units.

The Floor plan is provided below as Figure 1




Figure 1 - Floor Plan Unit 1



For clarity, the applicants seek to change the existing approval of a Duplex dwelling defined under
the superseded planning scheme, retaining the interchangeable use rights of short and long term
accommodation, as originally approved.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.


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2.     Background

On 9 October 2006, Council approved 132006.272, a Development Permit for a Material Change of
Use for a Duplex Dwelling (2 x 3 bedroom dwellings).

On 5 May 2021, Council advised WA21/0020, that the development approval preserves the
interchangeable use rights of the landowner to use the premises for either short term or long term
accommodation.




2.1 Engagement with Council Officers

RG Strategic previously engaged with Noosa Council in regard to the increase in bedrooms. Informal
discussions with Council Officers (Nadine Gorton – Planning Coordinator) have focused on car
parking compliance and use. In these discussions it was confirmed that there was sufficient car
parking provided to meet the requirements of the Noosa Plan and a Dual Occupancy.

Further discussion has occurred with Senior Planner Andrew Gaffney and Antoinette Becker on
incorporating applications for Unit 1 and 2 into the one application. This is the basis of this
application.




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3.     Development Intent – Proposed Change

The purpose of this report is to seek approval for a Minor Change to approval 132006.272. The
subject site is located at 1 + 2 / 11 Angler Street, Noosa Heads and is formally described as Lot 1 + 2
on SP221905.

The proposed Minor Change seeks a retrospective approval to change lot 1 + 2 from three bedroom
dwelling units to four bedroom dwelling units. The approved sitting room is changed to a 4th
bedroom. The duplex dwellings retains 2 covered car parking spaces for the subject dwelling unit
and as a whole development, 4 covered spaces (2 per lot) are provided. The dwelling units are
lawfully used for short term or long term accommodation purposes.

The proposed changes are reflected in the Proposed Plans prepared by RG Strategic and are
enclosed within Appendix A.

4. Proposed Change to Conditions

The floor plans are required to be amended to reflect the 4 bedroom dwelling units . Condition 1 sets
out the approved plans for the development and therefore it is required to be amended.

Existing Condition 1 reads-

1.       Development undertaken in accordance with this approval must generally comply with the
         approved plans of development. The approved plans are numbered WD.03 (revised Site
         Plan received on 27 July 2006), Floor Plans and Elevations 0601.SK02 - 08 (Revision A)
         prepared by Kidd & Co. Designers and dated January 2006 and as may be amended by
         these conditions.

It is requested Condition 1 be amended to read as follows-

1.   Development undertaken in accordance with this approval must generally comply with the
     approved plans of development. The approved plans are numbered WD.03 (revised Site Plan
     received on 27 July 2006), Floor Plans and Elevations 0601.SK02 - 08 (Revision A) prepared by
     Kidd & Co. Designers and dated January 2006 and Plan No: AO1 Revision 1, prepared by RG
     Strategic dated 16/2/2022,     Plan No: AO2        Revision 1, prepared by RG Strategic dated
     6/07/2024 and as may be amended by these conditions.




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5.   Planning Assessment

The proposed Minor Change can be supported on several grounds as detailed below:

     •   No increase in the gross floor area or site cover;

     •   No increase to density as outlined in the superseded planning scheme as a 3 bedroom
         dwelling attracts the same population density as a 4 bedroom dwellings;

     •   The Noosa Plan 2020 does not have density provisions and therefore complies;

     •   No change to the use;

     •   No change to the external built form;

     •   Minor change to the internal floor layout only, being a sitting room changed to a bedroom
         with no external impacts;

     •   Car parking fully complies with the superseded planning scheme;

     •   The proposal can be defined as a Minor Change to Approval in accordance with Schedule
         1 of the Planning Act 2016; and

     •   The proposal is consistent within the intent of the Decision Notice (132006.272).




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5.1 Development Codes

The development codes applicable to the proposed Minor Change are:

    •    Noosa Heads Locality Code,

    •    Medium Density Zone Code, and

    •    Dual occupancy and Multiple dwelling Code.

A review of the development codes has been undertaken with the Minor Change complying with the
intent of the Acceptable Outcomes, Performance Outcomes and Overall Outcomes of the
abovementioned codes. More specifically, a review of the use and carparking, has been assessed
below.



5.1.1 Use

The use of the dwelling is not changing but retains its original use rights for both short and long term
accommodation and continues to be lawfully used as such. The additional bedroom does not
change how the dwelling is used as it is still a residential use as defined under the superseded
planning scheme-

         Duplex dwelling – Any premises used or intended for use as 2 dwelling units on one
         allotment, whether or not the dwelling units are located on lots shown on a Group Titles Plan.
         The term does not include an accommodation building, bed and breakfast
         accommodation, dwelling house, group housing development or multiple dwelling as herein
         defined

In addition, there is no change to the population density as a 3 bedroom dwelling unit has the same
population density as a 4 bedroom Dwelling unit under the superseded planning scheme.



5.1.2 Car parking

A Duplex dwelling car parking rate under the superseded planning scheme is the same regardless
of the number of bedrooms. Noosa Council historically has accepted 4 covered spaces (2 per
dwelling[unit]) meets the car parking requirement, as this results in 2 visitor spaces available. The
development fully complies with the superseded planning scheme.




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5.2 Minor Change

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 Guideline

       ‘Substantially different’
                                                                         Comment
            development
 Involves a new use                          The additional bedroom to each unit does not change
                                             the use.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.
 Dramatically changes the built              No change to the external built is proposed and only a
 form in terms of scale, bulk, and
                                             minor change to include a small wall and a door result in
 appearance
                                             the bedroom.
 Changes the ability of the proposal         The additional bedroom to each unit does not alter the
 to operate as intended
                                             use as intended. The dwelling units will still operate for
                                             either short or long term accommodation purposes.
 Removes a component that is                 The proposed minor change will not alter the operation
 integral to the operation of the
                                             of the development.
 development
 Significantly impacts on traffic flow       No impacts will be as a result of the proposed Minor
 and the transport network, such as
                                             Change application. There is no change to the traffic
 increasing traffic to the site


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       ‘Substantially different’
                                                                      Comment
            development
                                          generation as a result of the proposal.
 Introduces new impacts or increases      No new impacts are proposed.
 the severity of known impacts
 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.




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6.     Conclusions

As demonstrated above, the proposed additional bedroom complies with the definition of a Minor
Change and is consistent with the intent of the original approval for a Duplex dwelling. This report
demonstrates that the proposed development is permitted pursuant to the provisions of the
Planning Act 2016, the superseded planning scheme and the Noosa Plan 2020. The proposal is minor
in nature which:

          • Complies with the superseded planning car parking provisions,

          • No change to the use of the dwelling unit.

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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