planning report Jan 24 · 51984.3164.01

Page 2

Figure 2 - Site identification plan - oblique view looking from the north.




Figure 3 – Roof Plan.


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Figure 2 - Site identification plan - oblique view looking from the north.

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Figure 3 — Roof Plan.

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Background

On 21 November 1984, Council approved application TPC 1694 for Multiple dwellings (28
units) subject to conditions.




 Figure 4 – 1987 Level 5 Plan with a rooftop terrace for unit 22



Minor Change Test


An assessment against the meaning of minor change and a response about the proposed
application is provided below. The Planning Act 2016 defines a minor change as a change
to the approval that:
 It would not result in a substantially different development*;
 (*In determining whether the proposed change would result in substantially different
 development, the assessment manager or referral agency must consider the individual
 circumstances of the development, in the context of the change proposed.)
 Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
 different development. A change may be considered to result in a substantially different
 development if the proposed change results in any of the following outlined in Table 1
 below.

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Table 1 - Substantially different development


   Provisions of Schedule 1 of the               Response
   DA Rules

  (a) Involves a new use                        No new use is introduced, the minor change seeks
                                                a retrospectively approval for covering roof
                                                terraces.

  (b) results in the application                No new parcel of land is introduced.
      applying to a new parcel of
      land; or
  (c) dramatically changes the                  While the as constructed built form does not comply
      built form in terms of scale,             with the 1984 approved plans, the structures have
      bulk and appearance; or                   existed since the original construction of the
                                                development around 38 years ago. No new built
                                                form as part of this request.

  (d) changes the ability of the The units continue to operate as short term
      proposed development to accommodation under existing use rights from the
      operate as intended; or    definition of Multiple dwelling in the 1973 Planning
                                 Scheme.

  (e) removes a component that is No change to the operation of the resort.
      integral to the operation of the
      development; or
  (f) significantly impacts on traffic There is no change to the traffic impacts on site as
      flow and the transport the density is not changing.
      network, such as increasing
      traffic to the site; or
  (g) introduces new impacts or                 No new impacts or the severity of impacts will result
      increase the severity of                  from the proposal.
      known impacts; or
  (h) removes an incentive or                   Does not remove an offset or incentive components
      offset component that would               of the development.
      have balanced a negative
      impact of the development; or
  (i) impacts on          infrastructure        There are no additional impacts on infrastructure.
      provisions.

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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


Response: The change does not include any prohibited development.


B. referral to a referral agency, other than to the chief executive, if there were no referral
   agencies for the development application; or


Response: No referral required for the development.


C. referral to extra referral agencies, other than to the chief executive; or

Response: No referral agencies are applicable to the current development.


D. a referral agency to assess the application against, or have regard to, matters
   prescribed by regulation under section 55(2), other than matters the referral agency
   must have assessed the application against, or have had regard to, when the
   application was made; or


Response: The proposed change would not result in the chief executive having to consider
matters additional to those considered when the application was made.


E.   public notification if public notification was not required for the development
     application.

Response: The original application included public notification.


Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.




Deciding the Request
In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to if the change application were a
development application.
Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—

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(a) the statutory instrument or other document as in effect when the change application
was made (Superseded Planning Scheme); or
(b) if the statutory instrument or other document is amended or replaced after the change
application is made but before it is decided—the amended or replacement instrument or
document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is decided; and
(ii) that the responsible entity would have been required to consider if the instrument had
been in effect when the development application for the development approval was
properly made.


Assessment
Covering the roof terrace creates a storey and increases GFA. No other planning
parameters are affected. It is also noted that unit 22 was approved for a rooftop terrace
with a pool adjoining the stairwell.
The resort was approved under the 1972 Planning Scheme and the roof structures were
constructed at the time of the original approval. Therefore the 1972 Planning Scheme holds
significant weight in assessment of this minor change.
The 1972 Panning Scheme does not limit GFA for Multiple dwellings but relies on site
cover, setbacks, population density (linked to bedroom size), landscaping and building
height to govern development. Therefore, assessment for building height is the only
relevant parameter - as there is no GFA/Plot ratio provisions in the 1972 Planning Scheme.
Furthermore, the 1972 Planning Scheme was prescriptive with clauses that permitted
Council to relax or waiver any of the provisions at their discretion. On this basis, the current
Noosa Plan 2020 building height Performance outcomes of the High-density residential
zone (HDR) (current zone) is used and most appropriate for this assessment and is
provided below.

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Criteria – Noosa Plan 2020



Noosa Plan 2020                         Comment                                                                            Complies

High density residential zone code

Building Height                         The site to west adjoins a single dwelling located in the Low density              
                                        residential (LDR) where a 2 storey / 8m high development is permitted.
PO5 Buildings and structures:
                                        To the east, south and southwest the site adjoins or is nearby to unit
    (a)   are low rise and present a
                                        resorts in the Tourist accommodation zone and HDR which are 3 storeys
          building height consistent
                                        / 12m in building height.
          with     structures    on
          adjoining and surrounding     While the site adjoins the LDR, the portion of resort adjacent to this zone
          premises;                     is 2 storeys and consistent with this nearest neighbour. The subject units
                                        sit further upslope and are adjacent to 3 storey resort units.

                                        The covering of the roof terrace creates a 3-storey building which is
                                        consistent with structures on adjoining and nearby premises.

    (b)   are designed to provide an    The development is 2 separate pods and step down the slope. The pod                
          interesting streetscape and   subject of this minor change is the uphill pod adjacent to the Natasha
          complement         landform   Avenue cul-de-sac.
          changes and landscapes;
                                        While the facade facing the cul-de-sac includes little articulation and
                                        interest, it is only the vehicle entry point of the resort as most guests arrive
                                        by PT through the Noosa Drive service road (west) entry which is of a high
                                        standard.

                                        Further, the façade has existed ‘as is’ for many years and any changes
                                        would be an unreasonable request by Council after so many years.

    (c)   do not visually dominate      The structures have been erected since the original build some 38 years            
          the street or surrounding     ago with no complaints from surrounding residents regarding a building
          area;                         that dominates the street or surrounding area.

    (d)   respect the scale of          No change to the vegetation has happened. As described above, the                  
          existing     vegetation,      subject site is surrounded by 3 storey unit buildings and the as built works
          maintaining a vegetated       are consistent with surrounding built form.
          skyline;

    (e)   preserve the amenity of       The original approval permitted the stairwell to be constructed on the roof        
          surrounding      premises     terraces for weather protection. The coverings are the same height as
          including privacy, views      these approved structures. The zone permits 3 storey buildings and while
          and access to sunlight;       a portion of the roof terrace is a storey, the development was approved as
                                        2 storeys with basement car parking, making this pod 3 storeys.

                                        Based on the above, the building is no higher than that permitted and
                                        therefore no views will be impacted by the structures as the built form is
                                        permitted to this height.

                                        The structures have existed for around 38 years with no known complaints
                                        demonstrating they do not negatively impact on the surrounding premises
                                        in relation to privacy, views and access to sunlight.

    (f)   do not exceed three           The structures on the roof terrace create a 3 storey building fully complying      
          storeys , except for lots     with PO5(f).
          with frontage to Serenity
          Close, Noosa Heads which
          do not exceed four storeys.

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Changes to Conditions
As a result of the proposed amendments to the development, no Conditions require
changing, however, It is acknowledged Council may apply some additional conditions
specifically regarding the roof top structures.


If you have any further queries in relation to the above, please do not hesitate to contact
myself.


Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA MQELA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227