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Minor Change Report 51997 2399 01
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. 51997.2399.01
Development Approval 51997.2399, 12517 TC
Applicant Meagan Jane Smith and Raymond Kenneth Smith
C/- Brennan Planning Pty Ltd
Request Received On 1 September 2022
Further Advice Response 16 November 2022
Completion Date 17 November 2022
Report Reviewed By Lisa Pienaar
Decision Due Date 4 October 2022
PROPERTY DETAILS
Property Address Riverside Noosa 4/235 Gympie Tce Noosaville
RP Description SP 116711, Lot 8 SP 116711
Land Area 662.65m2
Existing Use of Land Multiple Dwellings (8 units), Shops, Restaurant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Area Plan Noosaville
Overlays Flood Hazard
Assessment Type Minor Change to Development Approval
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1. PROPOSAL
The applicant seeks approval to change to an existing development approval for the purpose of a
retractable awning over the balcony of Unit 4, 235 Gympie Terrace, Noosaville. The awning on the
upper level will have the dimensions of 5.4m x 2m when fully expanded.
The proposed awning will have a setback of 7 metres from the front boundary in lieu of 8 metres
for the third level.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan (amended by Brennan Planning Pty Ltd) showing awning details
Figure 3 – Existing Street Elevation
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Figure 4 – Existing Street Elevation
2. BACKGROUND
A development approval for Multiple Dwellings (8 units) & Shops, Restaurant & outdoor dining
areas was approved on 10 September 1998.
3. ASSESSMENT
3.1. Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
• State Planning Policy;
• South East Queensland Regional Plan;
• Planning Regulation 2017; and
• The Noosa Plan 2020.
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3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development the development
remains generally consistent with the original approval;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Tourist Accommodation Zone Code;
• Noosaville Local Plan Code;
• Dual Occupancy and Multiple Dwelling Code;
• Works Codes;
• Flood Hazard Overlay Code.
Applicant Request – Awning Unit 4
The existing dwelling did not provide sufficient weather and sun protection to the balcony. The
proposed retractable awning would allow the balcony to be provided with a covered area having
dimensions of 5.4m 2m (10.8m2) which would be of adequate size, shape dimensions to support
outdoor living opportunities that to meet the needs of the occupants and protect the habitable living
areas of the dwelling.
• the deck extension would enhance liveability of the dwelling and promote outdoor living and
it would better respond to Noosa Shire’s subtropical climate and improve its passive design.
• the proposed awning is a low profile, open and lightweight and retractable structure and
would maintain visual and acoustic privacy for adjoining residents and not unreasonably
obstruct views;
• the awning will provide an adequate separation from the adjoining land uses, being
positioned a minimum of 3m from the eastern side boundary;
• the proposed awning will not impact on landscaping provisions;
• the proposed setback will be consistent with the predominant character of the area and
maintain the visual continuity and pattern of buildings, in that:
o the adjoining property to the east comprises a large 3 storey building which provides
a minimum setback of 5.5m from its outermost projection at the 3rd storey to the
front boundary;
o the adjoining property to the west comprises a large 3 storey building which provides
a minimum setback of 3m from its outermost projection at the 3rd storey to the front
boundary
Assessment of Request
The proposed additional of the retractable awning to the third level of the building façade is
consistent with the relevant built form provisions of the Noosa Plan in that the retractable roof form
will be of a lightweight appearance that will blend with the main façade and not add any additional
bulk to the building appearance. The proposed setback of 7 metres and does not comply with
Acceptable outcome AO13.1 the Zone Code, however will not have any detrimental impact on
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streetscape amenity as the proposed setback will be consistent with the predominant character of
the area and maintain the visual continuity and pattern of buildings in adjacent lots.
Therefore, proposed minor changes to include a retractable awning is considered to comply with
the relevant provisions of the Noosa Plan and raises no further issues. The request to change the
approval and incorporate additional approved plans can be supported.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No. 51997.2399.01, to make a minor change to an existing approval for
Multiple Dwellings (8 units), Shops, Restaurant & outdoor dining areas situated at Riverside Noosa
4/235 Gympie Tce Noosaville Qld 4566 described as Lot 0 SP116711 & Lot 8 SP116711, Council
on 9 December 2022 decided to:
A. Approve the change.
B. Include the following additional conditions:
Include additional conditions 9 December 2022
Approved Plans
26. Development is to be undertaken in accordance with this change to existing approvals
51997.2399.01 must generally comply with the approved plans of development. The
approved plans relating to the development and Unit 4 are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
- - Level 3 Plan, prepared by Greg Gibbs 16 November
Architects (amended by Brennan Planning 2022 (received
Pty Ltd) by Council)
- - Elevation Plan, prepared by applicant 5 September
2022 (received
by Council)
27. The approved change to Unit 4 includes an inclusion to the upper-level awning. All building
works are to be contained within the confines of Unit 4 and is not to project beyond the
existing balcony.
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