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Minor Change Report 51983 3225 15 [As Published]
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Development Planner, Lisa Pienaar
Development Assessment
APPLICATION DETAILS
Application No. 51983.3225.15
Development Approval Minor change to Town Planning Consent 1632 – Units, shops
and restaurant
Applicant Robert Trevor Wadland TTE
Request Received On 22 April 2022
Report Reviewed By Nadine Gorton
PROPERTY DETAILS
Property Address The Hastings 17/30 Hastings St Noosa Heads
RP Description Lot 17 GTP 1154
Land Area 104.5m2
Existing Use of Land Multiple Dwelling units x 25, shops and restaurant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Hastings Street Mixed Use Precinct
Local Area Plan Noosa Heads
Overlays Land subject to acid sulfate soils
Flood hazard overlay
Assessment Type Minor Change to Development Approval
1. PROPOSAL
The applicant seeks approval to change an existing development approval to include a lift in the
renovation of existing Unit 17. A minor change approval for the redevelopment of this unit was
issued 22 June 2020 (51983.3225.12). The inclusion of the lift results in additional site cover and
results in changes to the setback to the southern boundary. The applicant is also seeking a change
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to the upper level spa setbacks, and increase the height of the building by an additional 0.25 metres
from that previously approved. The additional height is below the allowable height limit.
The locality and proposal plan are included below.
Figure 1 – Locality
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Figure 2 – Site Plan
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Figure 3 – Floor Plans
2. BACKGROUND
The existing development was originally approved by Council in October 1983 (TPC1632 – 25
Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently
approved on the site in December 2000 (18478DA) along the Hastings Street frontage. The units
are used for short term accommodation, rather than for permanent occupation.
A change to the development approval to enclose the manager’s residence car space into an office
was approved June 2006.
In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in
accordance’ with the existing approval.
On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area of
the ground floor of unit 22.
On 12 October 2015, Council approved a change to an existing approval to enclose the carport of
unit 11 (13.3m2 to be enclosed).
On 17 March 2016, Council approved a change to an existing approval to enclose the carports of
units 14 and 25 (an additional 14m2 per unit).
On 12 May 2016, Council approved a change to an existing approval for the redevelopment of Unit
15 of that sought to the replace the existing dwelling unit on site with a new dwelling unit with an
increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and pool.
On 29 March 2017, Council approved a change to an existing approval to enclose part of the car
port of unit 20 by 20.5m2. This change did not approve a space capable of being a bedroom as this
was not applied for. The plans annotated to remove a wall.
On 5 April 2017, Council approved a change to an existing approval to enclose part of the car port
of unit 20 by 8.554m2 of gross floor area and reconfigure (change to internal layout) level 1 and 2.
On 1 August 2017, Council approved a change to an existing approval to enclose part of the car
port to create a room capable of being a bedroom of Unit 20.
On 1 August 2017, Council approved a change to an existing approval to partially enclose under
the existing unit and to reconfigure the second floor relating to unit 5.
On 17 April 2018, Council approved a change to an existing approval to partially enclose the
subfloor area of Unit 21 to provide a covered entry and storeroom area, an expanded
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bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an
additional 18m2 of gross floor area.
On 19 November 2020 Council approved a change to an existing approval for an extension to Unit
17 resulting in an additional 90.69m2 of gross floor area to extend all levels and include an
additional storey
On 30 June 2020, Council approved a change to the existing approval for an extension to Unit 19.
The approval consisted of an additional increase in floor area by 68.4m² to a total GFA for the unit
of 151m². The approval also permitted the development to change from a 3 storey to a 4 storey
building.
On 21 October 2021, Council approved an Other change to the exiting approval for the
redevelopment of Lots 9 & 10 that had previously been amalgamated. The redevelopment
consisted of existing villas to be removed and replaced with one building. This resulted in additional
site cover of 33.6m2 and GFA of 44m2. The approval was subsequently appealed by submitters.
At the date of writing this report, this appeal is yet to be settled.
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.
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 as the use is not
changing and is well within the maximum permissible GFA and site cover for the site;
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
Locality Provisions
The subject land is located in the Noosa Heads Locality and is to be assessed against the Noosa
Heads Locality Code.
The application has been found to generally comply with all applicable statutory instruments. The
pertinent issues arising out of the assessment are discussed below.
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Criteria Planning Scheme Existing Proposal Complies
development
Includes
Site Area additional
(4931m²) parameters
Building height
storeys 4 storeys max 4 storeys 4 storeys
metres 15 metres ~<15 metres 11.72 metres
Site cover 45% max 36.51% 36.51% - no
significant
(2219.85m²)
change
(Additional 3m²)
Plot ratio / Gross floor 5680m² max 3373m² No change
area
Length of wall 15 metres max 9.37 metres
Carparking 1 covered min 1 covered 1 covered
Ratio units: non- 20:1 12.5:1 12:1 X
residential
As shown in the table above the proposal generally complies with the key development parameters
such as Site Cover, Plot ratio, building height in storeys and metres.
Applicant’s Request
The applicant has submitted proposal plans that indicate the extent of the renovations, which is
outlined in the proposal section of this report. Changes will result in a change to the plans table
outlined in Condition 2.
Assessment of Request
The proposal complies with the density, plot ratio and site cover provisions sought by Noosa Plan.
Setbacks, amenity and landscaping are pertinent issues for discussion as follows.
Setbacks
The proposal results in an expansion of the existing building footprint (3m2) to include a lift which
results in a lesser setback to the southern boundary. The southern wall of the building on all levels
is now proposed to be setback 1.8 metres to the wall in lieu of the approved 2.89-2.93 metres. The
privacy screening and structural surrounds of the spa on the rooftop terrace is proposed to be
setback 1.1m in lieu of the approved 2 metres to the south western boundary. Refer Figures 4 &
5.
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Figure 4 - Existing setbacks to the southern boundary
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Figure 5 – Proposed setbacks to the southern boundary
The proposed development is located within a group title lot, and it is noted that setbacks in
Schedule 1 in Noosa Plan 2006 or in the Tourist Accommodation zone code (AO13.1) do not
address this scenario. The setback requirements refer to setbacks to boundaries to Hastings St,
Noosa Drive and Noosa Parade only. Therefore, the proposal must be assessed against Specific
Outcome O8 in the Noosa Heads Locality code and PO 13, the latter is as follows.
Buildings and other structures are designed and sited to:
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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, maintaining the visual
continuity and pattern of buildings and landscape elements within the street; and
g) protect the natural character and avoid adverse impacts on ecologically important
areas such as the beach, Noosa River, national parks and other parklands.
Preserving amenity for users of the premises and preserving landscaping between buildings is
most relevant to this site, as the multiple dwelling units currently have various separation distances
between each dwelling unit and some mature vegetation exists on site.
The existing units are all sited relatively close together and staggered in terms of their orientation
throughout the site. Existing decks are generally located in a northerly or easterly orientation. For
example the upper deck on neighbouring Unit 18 is orientated east, in line with the existing northern
deck on Unit 17. Some decks have privacy screens which is common throughout the development
as is the orientation of the decks, where some face each other.
As per the previous approval, it is noted that the corner of the balcony of Unit 16 encroaches on
the Lot 17 by 0.575 metres, which results in some built form in close proximity to each other. At
some point this encroachment will be rectified, through a building modification. The majority of the
new building footprint is setback enough to allow for landscaping between buildings and preserve
amenity.
A site inspection with the architect who modelled the changes as shown in the below Figures 6 &
7 demonstrated that the changes in setbacks do not introduce new impacts with regard to privacy
or bulk and scale from that previously approved, or the ability to provide for meaningful
landscaping. The applicant’s architect indicated that the setback of the corner of the spa area
creates structural issues and provided some modelling around the proposed setback. The
modelling demonstrated that the spa area on the upper floor which intrudes further into the setback
does not introduce new impacts with regard to bulk and scale as the corner area (previously
setback) presents as 1.3 high lightweight screen. The change does not create an overlooking
issue, due to the proposed screening.
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Figure 6 – Proposed setbacks to the southern and south western boundary
Figure 7 – corner of spa area
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With regard to privacy between units, it is noted there is an existing privacy screen on the northern
section of the balcony at Unit 16; and privacy screening is proposed to the spa and southern
elevation on Unit 17, as shown on the plans. A condition requiring appropriate window sill height
or opaque windows for the kitchen has previously been included to ensure privacy for Unit 16.
The changes are 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. 51983.3225.15, to make a minor change to an existing approval for
Town Planning Consent 1632 situated at The Hastings, 17/30 Hastings St Noosa Heads described
as Lot 17 GTP 1154, Council on 1 August 2022 decided to:
A. Approve the change.
B. Amend condition 1 to read as follows:
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
the use commencing, and then compliance maintained at all times while the use continues.
Plan No. Rev. Plan, prepared by Date
No.1 Perspectives & Notes, prepared by 22/07/2014
Accolade Building Designs
No.3 Ground Floor & 1st Level, prepared by 22/07/2014
Accolade Building Designs
No.4 Elevations, prepared by Accolade Building 22/07/2014
Designs
Approved Plans - October 2015
DA 3001 A Site Plan, prepared by Peter Hull Architect Sept 15
DA 3002 B Floor Plans, prepared by Peter Hull Sept 15
Architect
DA 3004 A Ground Floor and Carport Plan, prepared Sept 15
by Peter Hull Architect
DA 4001 B Sections, prepared by Peter Hull Architect Sept 15
DA 5001 B Elevations, prepared by Peter Hull Architect Sept 15
Approved Plans – March 2016
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GRND FLR – Proposed (Unit 14), prepared 14/10/2015
by LPID
Elevation (Unit 14) – East Facing (Street 14/10/2015
Frontage), prepared by LPID
Elevation – North Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – South Facing (Unit 14), prepared 14/10/2015
by LPID
Elevation – West Facing (Unit 14), prepared 14/10/2015
by LPID
3D Views – Exterior (Unit 14), prepared by 14/10/2015
LPID
GRND FLR – Proposed (Unit 25), prepared 14/10/2015
by LPID
Elevation (Unit 25) – South View, prepared 14/10/2015
by LPID
Elevation – East (Unit 25), prepared by LPID 14/10/2015
Elevation – West (Unit 25), prepared by LPID 14/10/2015
Elevation – North (Unit 25), prepared by 14/10/2015
LPID
3D Views – Exterior (Unit 25), prepared by 14/10/2015
LPID
Approved plans – May 2016
Plan No. Rev Plan, prepared by Date
.
DA.01 B Location Plan prepared by Bark Design Architects 26/02/201
6
DA.02 C Site Plan prepared by Bark Design Architects 23/02/201
6
DA.04 C Ground Floor Plan prepared by Bark Design 23/02/201
Architects 6
DA.05 C First Floor Plan prepared by Bark Design 23/02/201
Architects 6
DA.06 C Second Floor Plan prepared by Bark Design 23/02/201
Architects 6
DA.07 C Roof Terrace Plan prepared by Bark Design 23/02/201
Architects 6
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DA.11 B South Elevation prepared by Bark Design 26/02/201
Architects 6
DA.12 B East Elevation prepared by Bark Design 26/02/201
Architects 6
DA.13 B North Elevation prepared by Bark Design 26/02/201
Architects 6
DA.14 B West Elevation prepared by Bark Design 26/02/201
Architects 6
Approved plans – March 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
Sheet 1 Designs
1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
Sheet 2 Designs
1016HMK Ground Floor plan, prepared by Accolade 23 March 2017
Sheet 3 Building Designs
1016HMK Elevations, prepared by Accolade Building 23 March 2017
Sheet 4 Designs
Approved plans – April 2017 Unit 13
Plan, prepared by Date
Site plan, prepared by Mandy’s Design and Drafting March 2017
Proposed floor plan, prepared by Mandy’s Design and March 2017
Drafting
Elevations, prepared by Mandy’s Design and Drafting March 2017
Approved plans – August 2017 Unit 20
Plan No. Plan, prepared by Date
1016HMK 3D rendering, prepared by Accolade Building 23 March 2017
Sheet 1 Designs
1016HMK Floor Plans, prepared by Accolade Building 23 March 2017
Sheet 2 Designs
1016HMK Ground Floor plan, prepared by Accolade 23 March 2017
Sheet 3 Building Designs
1016HMK Elevations, prepared by Accolade Building 23 March 2017
Sheet 4 Designs
Approved plans – August 2017 Unit 5
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Sheet 1 of Site Plan, prepared by Mandy’s Design and July 2017
4 Issue A Drafting
Sheet 2 of Existing Floor Plans, prepared by Mandy’s July 2017
4 Issue A Design and Drafting
Sheet 3 of Proposed floor plan, prepared by Mandy’s July 2017
4 Issue A Design and Drafting
Sheet 4 of Elevations, prepared by Mandy’s Design and July 2017
4 Issue A Drafting
Approved Plans – April 2018 Unit 21
Sheet 1 of Proposed Partial Enclosure of Ground Level 26/04/2018
6 Under Existing Unit, prepared by Accolade
Building Designs
Sheet 2 of Proposed Partial Enclosure of Ground Level 26/04/2018
6 Under Existing Unit, prepared by Accolade
Building Designs
Sheet 3 of Proposed Partial Enclosure of Ground Level 26/04/2018
6 Under Existing Unit (floor plans), prepared by
Accolade Building Designs
Sheet 4 of Proposed Partial Enclosure of Ground Level 26/04/2018
6 Under Existing Unit (elevations), prepared by
Accolade Building Designs
Approved Plans – 1 August 2022 Unit 17
Sheet 01, Site Location, Site Plan & Floor Plans, June 2022
Issue H prepared by Innovate Architects
Sheet 02, Elevations, Section & External Finishes June 2022
Issue H Schedule, prepared by Innovate Architects
Sheet 07 Perspectives, prepared by Innovate Architects June 2022
Issue H
Approved Plans – March 2020 Unit 19
A01 Site Location, Site Plan & Calculations, 22 January 2021
prepared by Lisa Page
A02 Ground Floor Plan – with proposed alterations, 22 January 2021
prepared by Lisa Page
A03 Level 1 Floor Plan, prepared by Lisa Page 22 January 2021
A04 Level 2 Floor Plan, prepared by Lisa Page 22 January 2021
A05 Level 3 Terrace, prepared by Lisa Page 22 January 2021
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A06 Elevations Views: North & South facing, 22 January 2021
prepared by Lisa Page (as annotated by
Council)
A07 Elevations Views: East & West facing, 22 January 2021
prepared by Lisa Page (as annotated by
Council)
A08 Perspective view, Terrace level, prepared by 22 January 2021
Lisa Page
A09 Perspective views: south, west, north facing, 22 January 2021
prepared by Lisa Page
A10 Perspective views: south/east/north views, 22 January 2021
prepared by Lisa Page
A11 Section view-east facing, prepared by Lisa 22 January 2021
Page
A12 External Material Finishes Palette 22 January 2021
by Lisa Page
- Landscape Concept Design document -
including site plan and perspective, cross
sections, look and feel and design, prepared
by Louise Custance
Approved Plans – 21 October 2021 Units 9-10 (Lot 30 SP307674)
Plan No. Plan, prepared by Date
SD.102 Proposed Holyman Unit 3D perspectives, N/D
prepared by Gerard Smith Design
Iss P2
SD.104 Site / Roof Plan, prepared by Gerard Smith Aug 2018
Iss P10 Design
SD.201 Floor Plans, prepared by Gerard Smith Design Aug 2018
Iss P9
SD.501 Elevations proposed, prepared by Gerard Aug 2018
Iss P9 Smith Design
SD.601 Cross Sections – Sheet 2, prepared by Gerard Aug 2018
Iss P2 Smith Design
SD.951 Overviewing Diagrams – Level 1, prepared by Aug 2018
Iss P9 Gerard Smith Design
SD.952 Overviewing Diagrams – Level 2, prepared by Aug 2018
Iss P9 Gerard Smith Design
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