Minor Change - Planning Report - Unit 3 - 5 Natasha Avenue · 51901.3746.02

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Table of Contents

Important Note                                                                                                   2

1.   Summary                                                                                                     3

2.   Background                                                                                                  4

3.   Development Intent – Proposed Change                                                                        5

4.   Proposed Conditions                                                                                         6

5.   Planning Assessment                                                                                         7
     5.1 Minor Change                                                                                            8

6.   Conclusions                                                                                                 9




List of Figures
Figure 1 - Original 1974 approval and 1984 Building approval (existing floor layout) ................... 5



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




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Important Note

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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 Second Oupan Pty Ltd (“Client”) for the
specific purpose of demonstrating the proposed use as being permitted under the Noosa Plan
2020 (“Purpose”).

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apply directly or indirectly and will not be used for any other application, purpose, use or matter.

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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.

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1.   Summary

RG Strategic has prepared this minor change application on behalf of Second Oupan Pty Ltd.

The purpose of this report is to seek a Minor Change to Decision Notice of TPC 293.

The subject site is Lot 3 / 5 Natasha Avenue Noosa Heads formally described as Lot 3 SP 241928.

The Minor Change application seeks to recognise the historical amalgamation of approved lots 3
and 4 BUP 2048 (both 2 bedroom units) resulting in the existing Lot 3 on SP241928 (one 4 bedroom
unit).

A Building Approval including for the minor works required for the amalgamation, was approved
by Noosa Shire Council in 1984 (186/84).

At the time Council were the only certifiers permitted to issue BA’s, no private certification existed
until 1998. Therefore, all building works are lawful with a Form 29 compliance certificate and the
Building Approval provided as part of the application material.

This proposed minor change relates to building work approved by Noosa Shire Council that
occurred lawfully 42 years ago.

The development changed from four 2 bedroom units (total 4 units) to two 2 bedroom units and
one four bedroom unit (total 3 units).

Carparking complies with the 4 spaces required at the time for the amalgamated proposal with
the development providing 6 spaces, only minor cosmetic built form changes occurred at the
time, being fully compliant with the 1973 Town Plan.

The development continues to comply with the Planning Scheme in force at the time with no
further building work required.

It is acknowledged that Council has requested the minor change application pathway. Given the
1984 Building Approval was issued by Noosa Shire Council, this application is intended to provide
a clear planning record that reflects the long-standing approved built form and unit configuration.

At that time, the standard process was for any development requiring building approval to be
referred internally from the Building Department to Council’s Development Assessment planners
for review against the applicable planning controls.

On this basis, it is reasonable to assume that the DA planners had no concerns with the proposal
and determined that no further formal development approval process was required, as it
complied with the Town Plan.

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

TPC 293 - On 27 April 1973 Council approved 4 flats subject to 8 standard conditions.

Building Approval 186/84 – On 24 March 1984 Noosa Shire Council issued a Building Approval for
the amalgamation of units 3 and 4 resulting in Lot 3 on SP241928.

Generally in Accordance – On 19 September 2013 Council issued a generally in accordance
approval for a proposed roof and pergola for unit 1.




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3.   Development Intent – Proposed Change

This Minor Change application seeks a retrospective approval for the amalgamation of approved
lots 3 and 4 BUP 2048 (both 2 bedroom units) resulting in Lot 3 on SP241928 (one 4 bedroom unit).

The Building Approval including the minor works required for the amalgamation, was approved by
Noosa Shire Council in 1984 (186/84). At the time Council were the only certifiers, no private
certification existed until 1998.

Therefore, all building works are lawful with a Form 29 compliance certificate and the approved
stamped Building Approval provided as part of the application material.

This proposed minor change relates to lawful building work approved by Noosa Shire Council that
occurred lawfully 42 years ago.

The development changed from four 2 bedroom units (4 units) to two 2 bedroom units and one
four bedroom unit (3 units).

Carparking complies fully complies as 4 spaces were required at the time for the amalgamated
proposal with the development providing 6 spaces, and only minor cosmetic built form changes
occurred at the time, being fully compliant with the planning scheme.

Figure 1 below shows the original floor plan and the approved floor plan (existing).




Figure 1 - Original 1974 approval and 1984 Building approval (existing floor layout)




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The proposed changes are reflected in the Plans prepared by Atelier Two Designs and Floor Plan
prepared by Aspire .

Appendix A –Plans, prepared by Atelier Two Designs and Floor Plan prepared by Aspire



4.   Proposed Conditions

Given the current Decision Notice was issued in 1973 with only 8 standard conditions and no
reference to any approved plans, it is requested that the Decision Notice be amended to include
an additional condition reflecting the approved plans and items updated to include the current
Lot and Plan descriptions of the development.




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5.   Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

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

     •   The proposal has operated in its current configuration for approximately 42 years, with
         no identified adverse amenity or visual impacts arising from the three-unit configuration;

     •   The proposal complies with the 1973 Noosa Town Plan because –

               o   the original 4 unit development was approved under the 1973 Town Plan, the
                   same Town Plan in force at the time of the Building Approval (issued by Noosa
                   Shire Council). The Noosa Shire Council Certifiers would have referred the
                   amalgamated proposal to the DA planners who raised no concern, otherwise
                   Council would not have issued the BA, if it were not compliant;

               o   the 1973 Town Plan required ‘One (1) covered parking space for each flat or home
                   unit plus one (1) parking space on site per every four (4) flats or home units for the
                   accommodation of visitors’ cars or boats and trailer’. In this regard the proposal
                   fully complies providing 6 spaces, more than the 4 spaces that the 1973 Town Plan
                   requires for the amalgamated development.

               o   In terms of gross floor area, site cover and setbacks, no building works to unit 3
                   have occurred since 1984 (nor are any proposed). The development was assessed
                   by Noosa Council Certifiers, with the assessment process at the time understood
                   to have included referral to Council’s Development Assessment planners for
                   confirmation of compliance with the 1973 Town Plan. A lawful Building Approval
                   (186/84) was subsequently issued, establishing the approved built form that
                   exists today. If the proposal did not comply with the Town Plan no building
                   approval would have been issued. Given the above discussion, no further
                   assessment is provided.

     •   For completeness the development also fully complies with the car parking requirements
         of the current Noosa Plan 2020. Five spaces are required, and the development provides
         6 spaces on site.

     •   The proposal is consistent with the intent of the Decision Notice (TPC 293).




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6.   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 multiple dwelling use remains unchanged.

 Results in the application
                                            The change application does not apply to any
 applying to a new parcel of land
                                            additional land.

 Dramatically changes the built
                                            No change to the built form is proposed.
 form in terms of scale, bulk, and
 appearance

 Changes the ability of the proposal
                                            The units have operated as 3 units with no issues for 42
 to operate as intended
                                            years and therefore operate as intended

 Removes a component that is
                                            The proposed minor change will not alter the operation
 integral to the operation of the
                                            of the development.
 development




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         ‘Substantially different’
                                                                       Comment
               development
 Significantly impacts on traffic flow
                                            The change does not increase the number of units and
 and the transport network, such as
                                            will not increase traffic generation or alter access
 increasing traffic to the site
                                            arrangements.

 Introduces new impacts or
                                            No new impacts will occur as a result of the
 increases the severity of known
                                            development being 3 units as demonstrated over the
 impacts
                                            past 42 years.

 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     change      does     not      increase   demand   on
                                            infrastructure networks.



7.   Conclusions

As demonstrated throughout this report, the proposed change to the approval complies with the
definition of a Minor Change and is consistent with the intent of the original approval.

The report demonstrates the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and fully complies with the 1973 Town Plan, the lawful Building Approval
and the Noosa Plan 2020 and:

     •    No building works are proposed;

     •    The development has operated as 3 units for 42 years without any concerns raised by
          Council, neighbours or the surrounding residents, demonstrating the proposal has no
          impacts from being 3 units

     •    The owners thought they were operating lawfully as the works gained a Building Approval
          in 1984 which was issued by Noosa Shire Council – the certifiers and town planners;

     •    The proposal is consistent with the intent of the Decision Notice (TPC 293).

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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