Cover Letter - Minor Change Application

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Figure 1 - Plans illustrating a perspective view of existing units

The multiple dwelling on the site was approved by Council on 29 June 1995 (Council reference TPC 2830).

The following development details apply to the existing multiple dwelling:

 Existing Development Details - Lots 0,1,2 GTP406
 Site Area             1400m2
 GFA / Plot Ratio      632m2 (0.45:1)
 Site Cover            446m2 (31.8%)

The Proposal
The proposed minor change application seeks a retrospective approval for a roofed patio that was
established within the rear yard Unit 6. The roofed patio has dimensions of 5m x 3.2m and a height of 2.4m
and is a lightweight open structure.

The extent of the additions and alteration are illustrated in Figures 2 and 3 and Photographs 1 - 4 below:

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Figure 2 - Roof Plan




Figure 3 - Perspective view


[OCR of page images]
 

 

 

 

 

 

 

 

 

 

Figure 2 - Roof Plan

 

 

Figure 3 - Perspective view

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Photograph 1 - looking northwest at structure




Photograph 2 - looking south at structure       Photograph 3 - looking northeast at structure

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Photograph 4 - looking southeast

The alterations would result in an additional 16m2 (1.15%) of site cover in accordance with the definitions
under the Noosa Plan 2020. Consequently, the proposed development would offer a total site cover of
462m2 (33.95%).

The units were not provided with any covered outdoor living opportunities with the original design. The
proposed roofed patio would enhance liveability of the dwelling, promote outdoor living and better respond
to Noosa Shire’s subtropical climate.

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice. It is considered that no other change to the approval
would be necessary.

Approved Plans
 Plan No.              Rev.        Plan/Document Name                                    Date
 1 of 1                1           Site Plan, prepared by Brennan Planning               24/11/2021

 00555102              -           Roof Plan, prepared by Stratco                        27/11/2018
 00555102              -           Perspective View, prepared by Stratco                 27/11/2018
 00555102              -           Attachment Details, prepared by Stratco               27/11/2018

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Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor addition involving a roofed patio to an existing multiple dwelling;
    + The changes would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the 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.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;

The 1995 Town Planning Scheme applied when the original application was made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

The proposed development would be defined as a Multiple Dwelling under the Noosa Plan 2020. The
subject site is located within the Medium Density Residential Zone and the Coastal Communities Local Plan
Area. A Multiple Dwelling is assessable against the following benchmarks contained within the Noosa Plan
2020:
    + Coastal Communities Local Plan Code;
    + Medium Density Residential Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Code

An assessment of the proposed changes against the key development parameters within the above-
mentioned codes is provided below.

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Table 1 - Assessment of Development Parameters (applying to entire site area)

                    The Noosa Plan 2020                Proposal                               Compliance
                    (Acceptable Outcome)
 Building           Max 8m                             Max 2.4m                                P
 Height
 Site Cover         Does not exceed 40%                32.8%                                  P
 Side Setbacks      1.5m up to 4.5m in height; 2m      3.2m                                   P
                    between 4.5m and 7.5m
 Rear Setback       6m                                 3m                                     O
The proposed development is compliant with the key acceptable outcomes contained within the relevant
codes with the exception of rear setbacks. An assessment against the corresponding performance
outcomes and overall outcomes relevant to each issue are discussed below:

Rear Setbacks

AO12.1
Buildings and structures meet the following minimum boundary setbacks:
a) for the rear boundary — 6 metres

PO12
Buildings and structures are designed and sited to:

a)   provide a high level of amenity to users of the subject site and adjoining premises, including provision of
     visual and acoustic privacy;
b)   not unreasonably obstruct views or cause overlooking of private open space or habitable areas
     of adjoining premises;
c)   provide adequate distance from adjoining land uses;
d)   preserve existing vegetation that will help buffer development;
e)   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;
f)   be consistent with the predominant character of the surrounding area; and
g)   protect the natural character and avoid adverse impacts on ecologically important areas such as
     national parks, waterways and wetlands.

The proposed roofed patio provides a 3m setback from its outermost projection to the rear boundary of the
site. Consequently, it does not comply with the minimum rear setback of 6m. While not achieving the
acceptable outcome, it is considered that the proposed additions comply with Performance Outcome PO12
of the Medium Density Residential Zone Code for the following reasons:
+ the patio roof would provide a high level of amenity for the users of the subject site in that:
      o the existing dwelling did not provide any covered outdoor living opportunities for occupants. The
           proposed extension would allow the deck to provide a covered area having dimensions of 5m x
           3.2m (16m2) which would be of adequate size, shape dimensions to support a family dining table
           and outdoor living opportunities that to meet the needs of the occupants;
      o the deck extension would enhance liveability of the dwelling and promote outdoor living; and
      o it would better respond to Noosa Shire’s subtropical climate and improve its passive design;
+ the patio roof is a low profile, open and lightweight structure and would maintain visual and acoustic
      privacy for adjoining residents and not unreasonably obstruct views;
+ the extensions provide adequate separation from the adjoining land uses, being positioned a minimum
      of 3m from the rear boundary and 3.2m to the southern side boundary;
+ the proposed extensions will preserve the landscaping located within the eastern side boundary that
      assists with buffering;

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+    the roof covering is constructed over the top of an existing paved terrace area and the development
     will maintain adequate landscaped areas mix of trees and shrubs; and
+    the proposed additions are not visible from the street frontage and will be consistent with the
     predominant character of the area which consists of multiple dwellings in a medium density
     environment.

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016
and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately
been demonstrated that the proposed changes comply with the performance and/or overall outcomes of
the relevant codes and will maintain a high level of residential amenity and a building that complements the
beachside character of the area. Consequently, the minor change application should be supported.


Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.