Request to Change Existing Approval · 51988.2840.01

29 March 2022

The Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565

Attention: Development Assessment

Dear Sir/Madam,

REQUEST FOR A MINOR CHANGE TO AN EXISTING APPROVAL
TOWN PLANNING CONSENT NO. 2030
PURSUANT TO SECTION 78 OF THE PLANNING ACT 2016

Property Description:		Lot 0 on BUP9548
Property Address:		9 Parkedge Road, Sunshine Beach Qld 4567
Development Type:	Town Planning Consent for 9 x 2 Bedroom Units
Local Government:	Noosa Shire Council
Approval Reference:		Town Planning Consent No. 2030
Registered Landowner:		Common Property of Parkside Villas Community Titles Scheme 5777
Applicant:			Common Property of Parkside Villas Community Titles Scheme 5777
C/- Ned Liesch

1.0	PREAMBLE

On behalf of Common Property of Parkside Villas Community Titles Scheme 5777 and with reference to the abovementioned Development Approval, we hereby request to change the existing approval pursuant to Section 78 of the Planning Act 2016.

This application provides a detailed overview of the ‘proposed change’ and clearly demonstrates compliance with the minor change criteria set out in Schedule 2 of the Planning Act 2016.  In addition, the completed ‘Planning Act Form 5’, Current Title Search and Landowner’s Consent Form is attached in Appendix A of this request.

The appropriate fee for an application of this nature ($2,273.00) will be paid to Council upon receipt of an application reference number/invoice.

2.0	BACKGROUND & OVERVIEW OF ‘PROPOSED CHANGE’

The Town Planning Consent No. 2030 granted approval for 9 two-bedroom units which required 9 covered and 3 uncovered carparks. The 3 uncovered carparks are noted as visitor car spaces on the approved drawing 338.1 dated August 1988.

The Body Corporate Committee has agreed to the lodgement of the application for a minor change to the Development Approval for the relocation of the visitor carpark which is located in front of Unit 6 and accessed from the entry driveway off Parkedge Road. The location of this visitor car space impinges on the amenity of Unit 6 and access to the unit.

It is proposed to relocate this visitor carpark to the rear of Unit 9. This relocation would then give a similar amenity facing the street to all 9 units.

Drawing No. 1A dated 25 March 2022 (attached in Appendix B) sets out the proposed relocation of this visitor carpark in accordance with Australian Standards. The relocated space measures 2400mm wide by 5400mm long. The surface of the car space is to be paved with interlocking concrete pavers suitable for vehicular traffic, with charcoal colour to blend with the existing pavers.

The removal of the existing car space in front of Unit 6 provides 17.86m2 of landscaped area. The relocation of the car space behind Unit 9 removes 14.4m2 of existing landscaped area. This action provides an additional net 3.46m2 of landscaping to the site.

The relocation of this visitor car space will provide a similar amenity to all nine units, which face north to Parkedge Road. The visitor car space will be paved with materials to match the existing appearance and will be a positive benefit to the residents of Parkside Villas.

An assessment of the ‘proposed change’ against the minor change criteria outlined in Schedule 2 of the Planning Act 2016 is provided in Section 3.0 below.

3.0	COMPLIANCE WITH DEFINITION OF ‘MINOR CHANGE’ (SCHEDULE 2 OF PA 2016)

Schedule 2 of the Planning Act 2016 provides a definition of a ‘minor change’, which contains a series of criteria to determine what constitutes a ‘minor change’ to an approval detailed as follows:

minor change means a 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 to assess the application against, or have regard to, matters prescribed by regulation under section 55(2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made; or
(E) public notification if public notification was not required for the development application.

An assessment of the proposed change with reference to the above criteria is provided as follows:

(The change) would not result in a substantially different development

When determining what constitutes a substantially different development, Schedule 1: Substantially Different Development of the Development Assessment Rules applies.  Schedule 1 provides a list of criteria that may constitute a substantially different development as follows:

Involves a new use; or
Results in the application applying to a new parcel of land; or
Dramatically changes the built form in terms of scale, bulk and appearance; or
Changes the ability of the proposed development to operate as intended; or
Removes a component that is integral to the operation of the development; or
Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site; or
Introduces new impacts or increase the severity of known impacts; or
Removes an incentive or offset component that would have balanced a negative impact of the development; or
Impacts on infrastructure provisions.

An assessment is provided as follows:

Involves a new use

The ‘proposed change’ does not involve a new use.

Results in the application applying to a new parcel of land

The ‘proposed change’ does not involve a new parcel of land.

Dramatically changes the built form in terms of scale, bulk and appearance

The ‘proposed change’ does not result in any alterations to the built form but does result in an improved amenity outcome and a slight net increase in landscaped area.

Changes the ability of the proposed development to operate as intended

The ‘proposed change’ does not impact on the approved development’s ability to operate as intended.

Removes a component that is integral to the operation of the development

The ‘proposed change’ does not remove a component that is integral to the operation of the development.

Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site

The ‘proposed change’ does not result in an increase in traffic.

Introduces new impacts or increase the severity of known impacts

The ‘proposed change’ does not generate any new or additional known impacts.

Removes an incentive or offset component that would have balanced a negative impact of the development

The ‘proposed change’ does not remove an incentive or offset component that would have balanced a negative impact of the development.

Impacts on infrastructure provisions

The ‘proposed change’ does not alter the current infrastructure provisions available to the subject site and servicing arrangements of adjoining and surrounding lots.

if a development application for the development, including the change, were made when the change application is made would not cause—

the inclusion of prohibited development in the application

The application, if remade including the change would not comprise prohibited development.

referral to a referral agency, other than to the chief executive, if there were no referral agencies for the development application

The ‘proposed change’ does not trigger any referral agencies.

referral to extra referral agencies, other than to the chief executive

The ‘proposed change’ does not trigger any referral agencies.

a referral agency to assess the application against, or have regard to, matters prescribed by regulation under section 55(2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made

The ‘proposed change’ does not trigger any referral agencies.

public notification if public notification was not required for the development application.

Public notification is not triggered by the ‘proposed change’.

4.0	CHANGE TO APPROVED PLANS

The Common Property of Parkside Villas Community Titles Scheme 5777 hereby requests Drawing No. 1A dated 25 March 2022 (attached in Appendix B) be endorsed as the approved plan so the relocation of the visitor carpark can be carried out.

5.0	SUMMARY

Pursuant to Section 78 of the Planning Act 2016, we hereby request Council issue a ‘Change to the Existing Approval Notice’ in support of this proposal.  Should further information or clarification be required in relation to the above information / attached plan, please don’t hesitate to contact me on 0411 784 911.

Yours faithfully,

Ned Liesch
7/9 Parkedge Road,
Sunshine Beach  Qld  4567
E: [email protected]
PH: 0411 784 911

Appendix A

Planning Act Form 5, Current Title Search & Landowner’s Consent Form

Appendix B

Amended Plan of Development (Drawing No. 1A dated 25 March 2022)

[word/footer1.xml]
2

[word/footer2.xml]
2