Minor Change Report 51994.1222.01

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Graduate Development Planner, Maxwell Potter
Development Assessment

APPLICATION DETAILS
Application No.	51994.1222.01
Development Approval	Town Planning Consent 2707 (51994.1222)
Applicant	Siga Property Pty Ltd
Request Received On	15 June 2021
Report Reviewed By	Will Koschade, Development Planner
Decision Due Date	7 September 2021

PROPERTY DETAILS
Property Address	Alkira 3/31 Noosa Dr Noosa Heads Qld 4567
RP Description	Lot 3 BUP 106009
Land Area	950m2
Existing Use of Land	Multiple Dwellings (3 Units)

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Tourist Accommodation Zone
Precinct	Not applicable
Local Area Plan	Noosa Heads
Overlays	Bushfire Hazard Overlay Heritage and Character Area Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval 3 Multiple Dwelling Units (TPC 2707). The proposal includes the following changes to Unit 3.
The enclosure of an existing terrace to create a garden room as well as;
internal building works in the form of the kitchen layout; and
a new deck and seating.
The Gabriel Poole designed building is mapped as being a Local Heritage Place by the Heritage and Character Overlay map, thus the building works are assessed against Performance Outcome PO6 of the Heritage Overlay code. Further, the proposed garden room is located .615 metres from the northern side setback and therefore the applicant is seeking a setback relaxation form the 1.5 metres from Acceptable Outcome AO13.1 of the Tourist Accommodation Zone code.
The locality and proposal plan are included below.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Level 3 Floor Plan

Figure 4 – Level 3 Floor Plan

Figure 5 – Elevations & 3D Renders

Figure 7 – Proposed garden room location (image provided by the applicant)

Figure 8 – Proposed garden room location (image provided by the applicant)

Figure 9 – Proposed garden room location (image provided by the applicant)

Figure 10 – Proposed garden room location (image provided by the applicant)

background
A development approval for 3 Multiple Dwelling Units (TPC 2707) was approved on 9 November 1994.
assessment
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.
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 as the change maintains the existing use and does not significantly change the built form;
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.
Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourist Accommodation Zone Code;
Heritage & Character Area Overlay Code.
Criteria	Planning Scheme	Proposed	Complies
Building height metres	12 metres	10.8 metres (existing)	
Site cover	40% max	36.7%	
Plot ratio	0.65:1	0.0.6:1	
Boundary setbacks Frontage Side (north) Side (south) Rear	6.0/10.0 metres 1.5/2.0/2.5 metres 1.5/2.0/2.5 metres 6.0/8.0 metres Projection line	6.5/10.0 metres 0.655 metres 2.80 metres 6.0 metres	X
Setbacks
Northern Side Setback
Acceptable Outcome AO13.1 of the Tourist Accommodation Zone code seeks in the Noosa Heads Local Plan Area (excluding the Hastings Street Mixed Use Precinct):
(c)	From side boundaries:
(i)	 1.5 metres setback up to 4.5 metres height;
(ii)	2 metres setback between 4.5 metres – 7.5 metres height; and
(iii)	2 metres plus 500 millimetres for every 3 metres or part thereof above 7.5 metres height;
As per figures 7-11, the proposed garden room is located approximately 0.65 metres from the northern side boundary. As such, the garden room does not comply with Acceptable Outcome AO13.1. Therefore, the proposal is assessed against Performance Outcome PO13.

Figure 11 – Proposed garden room northern side boundary setback
Performance Outcome PO13 requires that buildings and other structures are designed and sited to:
Provide a high level of amenity to users of the subject site and adjoining premises, including provision of visual and acoustic privacy;
Not reasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises;
Provide adequate distance form adjoining land uses;
Preserve existing vegetation that will help buffer development;
Allow for space and landscaping to be provided between buildings including adequate area at ground level for landscaping with trees, shrubs, outdoor living and utilities;
Be consistent with the predominant character of the surrounding area, maintaining the visual continuity and pattern of buildings and landscape elements within the street; and
Protect the natural character and avoid adverse impacts on ecologically important areas such as the beach, Noosa River, national parks and other parklands.
The garden room is proposed to provide a greater level of amenity to users of the subject site by enclosing an existing open courtyard. In addition, it is noted that the design of the garden room subdues the effects of noise and light which may result from the existing courtyard, thus improving the level of amenity to the neighbouring property to the north. As per figure 12, the proposed garden is situated behind existing mature and dense screen vegetation and therefore does not reasonably obstruct views or cause overlooking of private open space or habitable areas of adjoining premises. Moreover, the existing vegetation which acts as landscaping between buildings will be maintained. The proposed garden room is not visible from the street, whilst an existing shade sail, pool and overhanding structures are located within the northern side boundary setback. As such, the proposal maintains the predominant character of the surrounding area and visual continuity and pattern of buildings and landscape elements within the street. It is therefore considered that the proposal complies with Performance Outcome PO13.

Figure 12 – Proposed garden room location (image provided by the applicant)
Local Heritage Place
Performance Outcome PO6 of the Heritage Overlay code seeks development on local heritage places:
respects the original architectural style and proportions of the relevant era;
retains the original roof form and pitch;
retains or conforms with the original veranda, window and door design and detailing;
ensures building works are compatible with the scale, height and bulk of the building;
provides visual and structural disconnection of new works from the existing building;
locates building works to the rear of the existing building or to where they are not visible or overly obtrusive from the street or public places;
uses materials of the relevant architectural era;
retains existing mature vegetation around the site, particularly where it contributes to the heritage significance of the place;
ensures new garages, fencing and landscaping are compatible with the scale and design of the relevant architectural era; and
ensures excavations and earthworks do not have a detrimental impact on sites of archaeological potential.
The Gabriel Poole designed building is mapped as being a Local Heritage Place by the Heritage and Character Overlay map. As such, Council’s Heritage Coordinator provided the following advice regarding the proposed garden room.
I have reviewed the submission made by Viva Property Group to enclose an existing terrace area to create a garden room at Alkira Apartments, a place of local heritage significance as identified in Table 8.2.7.4 of The Noosa Plan.  I am comfortable that the works proposed in the submission meet the requirements and outcomes outlined in the Heritage Overlay Code in the ways listed in the submission. In summary, the works are of a reasonably minor scale, do not impact on the streetscape, and will have limited impact on the features of the place. The proposed works would also be reversible which a consideration is when undertaking works on a heritage place.
I note the proposed materials include “aluminium frame and glass louvres” (Viva Property Group, p. 2 & 10). The best outcome would be achieved by these being consistent with the window frames and louvres already existing in the building (i.e. not introducing divergent or incompatible materials or colours).
It is therefore considered that the proposal complies with Performance Outcome PO6 of the Heritage Overlay Code.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the following internal Council officers for review and/or comment:
Heritage Coordinator
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. 51994.1222.01, to make a minor change to an existing approval for 3 Multiple Dwelling Units (TPC 2707) situated at Alkira 3/31 Noosa Dr Noosa Heads Qld 4567 described as Lot 3 BUP 106009, Council on 06/09/2021 decided to:
A.	Approve the change.
B.	Include the following additional conditions:
New Condition September 2021
Approved Plans
26.	Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table
Plan No.	Rev.	Plan/Document Name	Date
A101	2	Site Plan, prepared by Windrim Building	3/6/21
A102	2	Proposed Garden Room & Kitchen Renovation, prepared by Windrim Building	3/6/21
A103	2	Proposed Garden Room L3, prepared by Windrim Building	3/6/21
A104	2	Proposed Garden Room Elevations, prepared by Windrim Building	3/6/21
A105	2	South Elevations, prepared by Windrim Building	3/6/21
Materials
27.	The materials used to construct the garden room are consistent with the window frames and louvres already existing in the building.

[word/footer1.xml]
Page 10 of 10

[word/header1.xml]
3

[Attachment: image10.png (image text)]
Proposed Enclosure of Terrace Area

 


[Attachment: image11.png (image text)]
Proposed Enclosure of Terrace Area

[Attachment: image13.png (image text)]
49.598

 
  

0.64 To
PROPOSED GARDEN ROOM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEVEL 4 ROOF| LEVEL 5 ROOF
| \

—

\

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image14.png (image text)]
Sl ae
Existing Mature and Dense Screening Vegetation <

 


[Attachment: image2.png (image text)]
ACCESS ROAD
12.070,

NOOSA DRIVE

 

 

 

 

 

 

 

 

 
    

——— .

 

 

 

 

 

 

 

 

LEVEL 4

 

  
 

 

POOL

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LEVEL § ROOF

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

53.449


[Attachment: image3.png (image text)]
1) Level 3
2) 4: 100

 

APARTMENT 2
ENTRY RL 38.00

A>

  

 

 

 

 

RL
37.84

 

uFT

2550

1200 , 900

1200

  

200 1840 498
‘200

   
  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SEE EXISTING PLANS
——--—
J ERISTING THFIGHBLOCK WALL
y Bs
=
Z | New tm HIGH BLOCK WALL
é JEN ROOM -
eanseen Roce
LUMNUM PRAM ~_

& ‘AND GLASS LOUVER:
& // Sessa S
: # open etass cover| 7

q i! fd L
mn
A 8
seo2 og} [| ses
i
ay
bossy urr2
& hiaae
}
ENTRY APARTMENT 3

 

 

 

RL 39.33

\

 

3565

3230

2100)

2070


[Attachment: image4.png (image text)]
 

    
       
     

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(>) Level 4
)
\f/ 1: 100
EXISTING BLOCK WALL
[PE Rats JTRIMDECK ROOF §* ALL ALUMINIUM FRAME
/ Lass AND ALUMINIUM FRAME Wimaass vouvens
f FROM EXISTING 2440 WALL TO ON EXISTING AND NEW 1m HIGH BLOCK WALL
8 EXISTING LEVEL 5 SLAB I
GARDEN TT OPEN GLASS
a ——————— cover
8 Pp eB LL
8 NEW SEATING I RL41.90 RLaa10 \
PooL DECK
( RLa5.0 g sry
\3 s
\ z
\ POOL a
a 3 vine eo |
Bara urr2

 

 

 

 

 

   

 

SPA BALCONY

 

 

 

 

 

 

 

 

 

 

 

 

  


[Attachment: image5.png (image text)]
 

 

 

 

 

 

 

 

2100

 

 

 

 

 

 

 

3000

 

 

 

[NEW WINDOWS TO SUITE EXISTING PPENING 46100

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

‘TRIMDECK ROOF ON ALUMINIUM FRAME sea POOL AREA Level4 wy

 

 

 

 

 

 

~ 43100
KITCHEN FLOOR

 

 

 

 

OPEN GLASS COVER|

 

 

 

 

 

 

 

 

 

 

41000

 

 

 

 

 

 

 

 

 

|

1

T
3160

I

|

1
[1

|

t

1

Baad

t

\

\

 

 

 

 

 

 

 

 

1000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Level3 ww

 

 

 

 

39490

 

LOUVERS ALUMINIUM FRAME

 


[Attachment: image6.png (image text)]
 

 

ww level |

 

 

 

 

 

43100
—

 

APPROX GH

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

=

+t

 

PROPOSED GARDEN ROOM

EXIST BOUNDARY WALL

 

‘1m BLOCK

 

 

 

 

 

 

 


[Attachment: image7.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

  
  
    

 

 

 

 

 

 

 

 

SSq[{e

 

 

 

 

 

 

 

 

 

REMOVE EXISTING ROOF
REPLACE WITH FRAMED GLASS
FROM EXISTING WALL TO
KITCHEN FLOOR EXISTING UPSTAIRS SLAB

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


[Attachment: image8.png (image text)]
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(2) Copy of {3D}

KE)

 

 

 

REMOVE EXISTING ROOF
REPLACE WITH FRAMED GLASS
FROM EXISTING WALL TO
EXISTING UPSTAIRS SLAB


[Attachment: image9.png (image text)]
| Proposed garden oom 10m sail
|
4