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Minor_Change_Req · 51988.2764.01

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Our ref: 220325
Council ref: 2107 of 1988


22 April 2022

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

Attention:                  Development Assessment
Via Email:                  [email protected]

Dear Sir/Madam,

Re:        Minor Change to a Town Planning Consent for a Duplex
           31 Orient Drive, Sunrise Beach
           Lots 0, 1 and 2 on GTP2167
           Council Ref: 2107 of 1988

In accordance with Section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change to a
Town Planning Consent for a Duplex (Council ref: 2107 of 1988). This request is made on behalf of the landowners
of all identified lots, Gisele Luz Soares De Matos and Marcelo Muniz Soares De Matos. In accordance with Section
79 of the Planning Act 2016, landowner’s consent is not required to be provided.

In support of the application, please find enclosed the following:

      •    Attachment 1 - Copy of Town Planning Consent Approval ref 2107 of 1988;
      •    Attachment 2 - Proposal Plans prepared by Essess Building Design; and,
      •    Attachment 3 - Completed DA Form 5.


Payment of the relevant application fee will be made upon Council issuing the relevant invoice.


Background
On 19 September 1988 the Noosa Shire Council issued a Town Planning Consent approval under the Local
Government Act 1936 for a Duplex development to be established on the subject site (ref 2107 of 1988). Please
find enclosed copy of this approval in Attachment 1. It is noted that the development was constructed in
accordance with the approved plans.

Upon completion of the development, the Duplex units were strata titled into a group title plan registered as
GTP2167, which includes Units 1 and 2 and their private open space within Lots 1 and 2, as well as common
property that comprises vehicle parking and manoeuvring area. It is noted that the approved and constructed
onsite vehicle parking arrangement includes a two (2) car garage and an open-air visitor parking space.




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As shown in Figure 1 below, the Duplex development currently comprises a 1.8 metre high solid fence and
operable gate along the full street frontage.




Figure 1 Existing streetscape view (Source: Google Street View 2020)



Proposed Changes to Approved Plans
It is proposed to amend the approved plans to remove the two (2) car garage and construct a swimming pool in
its place, which will form part of the Unit 2 private open space provision. In accordance with Condition 3 of the
Town Planning Consent approval, the development must provide two (2) covered car spaces and one (1)
uncovered space. As such, it is proposed to construct a carport to accommodate this parking requirement. The
proposed carport will be located on the northern side boundary (0m setback) and will be constructed with a
front setback ranging between 0 metres to 0.86 metres.

Further, in order to accommodate the carport and required vehicle manoeuvring area, it is proposed to relocate
the driveway further south and widen it to 6 metres within the verge and the site. Confirmation has been
received from the building designer that the amended driveway design complies with Standard Drawing RS-049
for residential driveways. It is also proposed to reduce the amount of hardstand within the site by increasing the
size of the garden bed adjoining the visitor parking bay. This will enhance the streetscape amenity of the site
and assist to reduce the visual impact of the built to boundary carport.

The proposed carport and relocated driveway extent are illustrated in the suite of Proposal Plans prepared by
Essess Building Design in Attachment 2.

The carport will be constructed using timber posts and metal roof sheeting with a 5o skillion roof pitch, such that
the carport will appear as a lightweight and articulated structure from the street. As shown in Figure 2 below,
the proposed carport will only be partially visible behind the existing solid front fence onsite.




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Figure 2 Proposed streetscape perspective (Source: Essess Building Design 2022)

Despite the proposed carport seeking a front setback that is less than what has been approved, the proposed
change is suitable on the following basis:

         •        The Orient Drive streetscape is dominated by high solid fences and walls that contribute to the
                  overall presence of built form in the streetscape;
         •        The proposed carport will adjoin the vehicle maneuvering area of the adjoining premises to the
                  north, rather than their open space or living areas. As such, the carport preserves the amenity
                  afforded to the adjoining premises and will not compromise their visual or acoustic privacy, or their
                  access to sunlight and breezes;
         •        The carport has an overall height of 2.9 metres, being relatively small in scale compared to the
                  Duplex building onsite;
         •        The carport will not obstruct views or cause overlooking of private open space or the habitable
                  areas of adjoining premises;
         •        It is not proposed to remove any vegetation in the site’s frontage, which currently buffers or screens
                  the Duplex development from the street;
         •        The proposed alteration to the vehicle maneuvering hardstand areas onsite allow the expansion of
                  the front garden bed, such that the proposed change will allow greater landscaping provision
                  between the building and the street;
         •        The proposed carport will not form a dominant feature of the streetscape, given that it is an
                  unenclosed structure with the most visible feature being 150mm wide guttering/roof fascia; and,
         •        The proposed carport structure has been carefully designed to integrate into the existing façade of
                  the Duplex development, so as not to dominate the site’s frontage in any way.

In addition to the above, the proposed carport is consistent with the existing character of the surrounding area,
given that a number of sites along Orient Drive in particular contain enclosed garages and carport structures
directly on the front boundary. Please refer to Figure 3 below, which highlights the location of a range of
buildings and structures that are built to the street frontage, and are therefore similar to or more dominant, in
terms of streetscape appearance, than the proposal.




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                                                                                               Subject Site

                                                                                               Built to boundary
                                                                                               carports/garages




    Figure 3 Orient Drive - Location of sites with existing built to boundary carports and garages (Source: QLD Globe & ASTP 2022)


    Just a handful of these examples are depicted in Figures 4 to 11 below.




    Figure 4 #92 Orient Drive (Source: Google Street View 2020)




    Figure 5 #85 & #87 Orient Drive (Source: Google Street View 2020)



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    Figure 6 #89 Orient Drive (Source: Google Street View 2020)




    Figure 7 #71 Orient Drive (Source: Google Street View 2020)




    Figure 8 #73 Orient Drive (Source: Google Street View 2020)




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    Figure 9 #65 Orient Drive (Source: Google Street View 2020)




    Figure 10 #44 Orient Drive (Source: Google Street View 2020)




    Figure 11 #42 Orient Drive (Source: client photograph 2022)




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Further to the above examples, it is pertinent to highlight that the residential street to the west of Orient Drive,
Netherby Rise, also contains a significant number of built to boundary carports and garages, a number of which
are much larger in scale than the proposed carport. Please refer to Figure 12 below, which depicts an example
of a carport structure approved by Council in 2018 (Council ref RAB18/0212) that has a dominant presence in
the streetscape, presenting with significant bulk and scale.




Figure 12 #54 Netherby Rise (Source: client photograph 2022)



Proposed Changes to Conditions of Approval
The proposed changes to the approved plans do not trigger the need to change any approval conditions.



Change Application - Planning Act 2016
The proposed changes to the Development Permit and associated conditions, are considered a ‘Minor Change’
under section 78 of the Planning Act 2016, as.
     •    The proposed changes to the approved plans will not result in a substantially different development to
          that which was approved, given the changes will have no additional impacts, will result in no changes
          to the approved Duplex unit layouts, nor result in an increase to the scale, density or site cover of the
          development currently approved;
     •    The proposed changes do not impact the ability for the approved Duplex to operate as intended, with
          the proposal ensuring the maintenance of covered car parking onsite;
     •    The proposed changes to not conflict with the conditions of approval;
     •    The proposed changes do not result in prohibited development;
     •    The proposed changes do not trigger referral to any additional referral agencies; and,
     •    The proposed changes do not trigger public notification.

For these 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.




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Proceeding
We trust the information provides you with sufficient information in relation to the proposal and we look
forward to receiving a positive decision from Council at your earliest convenience.

Should you have any further questions in relation to this matter, please feel free to contact me direct.

Yours faithfully,
ADAMS + SPARKES
TO WN P L AN N IN G




Aspen Storey
TOWN PLANNER

Encl:     Attachment 1 - Copy of Town Planning Consent Approval ref 2107 of 1988
          Attachment 2 - Proposal Plans prepared by Essess Building Design
          Attachment 3 - Completed DA Form 1




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