Planning Statement · 131999.982708.1

Page 2

         Page 2




                         Subject site




Figure 2 Site location



2. PREVIOUS APPROVALS OVER THE SITE

The building has the following history:

         December 1999 approval issued for a Multiple Dwelling of 3 units and a shop (16992DA).
         April 2001 approval issued to change the shop to Commercial Services (Real Estate Office) (
          20779DA)
         132000.200451.2 (20779DA) approval issued to increase floor area of office.


3.0 THE DEVELOPMENT APPLICATION

The applicant seeks Council approval to change 16992DA to enable the enclosure of upper level
recessed eastern and western side balconies associated with Unit 2. The existing balconies are currently
partially screened with louvres however are unusable due the proximity of adjoining units, the exposed
beachside conditions and the surrounding public areas.

Page 3

           Page 3

The balconies are proposed to be enclosed with the walls and glazing and incorporated into the floor
area of the unit. The enclosure of the balcony results in improved floor areas for the unit with the
applicant advising that the balconies are not useable as they receive limited sun and are very windy.

The enclosure of the balconies increases the existing floor area of the unit by an additional 7.3m2 which
results in an estimated area of 535.3 m2 for the unit component and 721.2m for the entire development.
It is noted that Councils previous report for the change to approval 132000.200451.2 detailed that the
maximum allowable floor area for the development was 755m2 and therefore the proposed development
complies with scheme requirements relating to floor area.

Proposal plans prepared are included in Appendix A .

4. PERMISSIBLE CHANGE TO A DEVELOPMENT APPROVAL

An assessment of the proposed changes against the provisions of the Planning Act 2019 relating to what
defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

        b) for a development approval, is a change to the approval that —
          (i) would not result in a 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.

The proposed changes are considered to constitute a minor change as per the Planning Act as detailed
below:

             The proposed changes to the use will not result in substantially different development as
                detailed in 4.1 below
             If the application including the proposed changes were remade it would not:
                     - Include prohibited development
                     - Require referral to any referral agencies or additional referral agencies
                     - Do not vary the level of assessment

4.1. Assessment of Substantially Different Development

The Development Assessment Rules provide guidance on determing whether a proposed change to a
development approval results in substantially different development. The proposed changes have been
reviewed against this criteria with the changes not considered to be a substantially different development
as detailed below:

                     (a) involves a new use;

                      No new use proposed.

                     (b) results in the application applying to a new parcel of land;

                      No new parcel of land to be utilised.

                     (c) dramatically changes the built form in terms of scale, bulk and appearance;

                      No dramatic changes to the built form. The changes relate to the enclosure of two
                      balconies on the middle floor of the development and still maintain visual relief to the side
                      elevations due the use of glass to enclose the balconies.

Page 4

        Page 4

                  (d) changes the ability of the proposed development to operate as intended;

                   No changes in the ability of the proposed development to operate as intended.

                  (e) removes a component that is integral to the operation of the development;

                   Does not remove a component that is integral to the operation of the development.

                  (f) significantly impacts on traffic flow and the transport network, such as increasing traffic
                    to the site;

                   No change to carparking or vehicles.

                  (g) introduces new impacts or increase the severity of known impacts;

                   No change to the impacts of the existing building or the use of the building.

The proposed change to the existing approval are considered to meet the requirements detailed under
the Planning Act and the Development Assessment Rules for a Minor Change and will not result in a
substantially development.


5. ASSESSMENT

The site is included in the Noosa Heads Locality which provides a Visitor mixed use zoning over the
property. The proposal has been reviewed against the provisions of the Noosa Plan and is considered to
generally fulfill the provisions of the planning scheme. The proposed and resultant building still complies
with gross floor area provisions and site cover provisions and only impacts on the external appearance of
the building.

The Specific Outcomes and Probable Solutions for the Visitor Mixed Use zone detail a number of
development parameters for the zone. The proposed extensions fully comply with the Probable Solutions
detailed for the zone and is considered to comply with Outcome 9.25 which relates to Built Form as
detailed below:

        a) respects and complements the existing neighbourhood character; - built form consistent with
        surrounding development in Hastings Street that includes rendered contemporary buildings with
        windows.

        b) addresses the street and contributes positively to the streetscape; - proposed works are located
        along the side of the building and whilst being visible from the public laneway still maintain variation
        through the retention of the balcony and the existing windows.

        c) incorporates attractive and contemporary designs; - proposed works complement the existing
        contemporary building form.

        d) contributes positively to the skyline with pitched roofs; - not applicable

        e) provides variation and vitality in setback alignment; - enclosure of balconies maintains existing
        setback of main part of building and does not impact on front or rear open balconies.

        f) incorporates outdoor dining or landscaped areas; - not applicable

        g) includes covered pedestrian entrances to premises; - not applicable

        h) varies in line and plane; - the enclosure of the balconies represents a small component of the
        building and it is noted that the remaining balconies remain and provide variation to the built form.
        The existing solid balustrade is to be retained which assists in providing variation to the side
        elevations in conjunction with the existing windows.

        i) employs landscape designs in front building setback areas and footpath areas that are in character with
        existing streetscape themes; - enclosure of balconies maintains existing setback of main part of building
        and does not impact on front or rear open balconies.

Page 5

        Page 5

        j) provides for a variety of balconies, verandahs, railing treatment and awnings but with limited
        covering of pedestrian areas; - Existing solid balcony to be retained to provide variation to side
        elevations.

        k) uses a variety of building materials to add to the diversity and visual interest within the
        streetscape; – Proposed works will complement existing colour pallet and building materials.

        l) provides separate entrances for Business Uses and Residential Uses within the one building. - Not
        applicable.

The proposed changes are considered to meet the test for a minor change as per the Planning Act, will not
impact on the surrounding area and improve the amenity for the unit owner. The application is requested to be
favourably considered.

Please find attached:

        Proposal plans
        Body corporate email approval
        Owners consent
        IDAS Form 5

If you have any queries in relation to the application please do not hesitate to contact me.



Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty. ltd

Page 6

     Page 6




_______________________________Appendix
Appendix A:    Proposal Plans

Separate attachment