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Adapt Planning Minor Change Development Application for Change to Existing Approval

Attached to the e-mail Change to DA (Detached House) - MCU16/0120.01.

of 5

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5 June 2018



       Chief Executive Officer
       Noosa Shire Council
       PO Box 141
       Tewantin QLD 4565
       Sent via email: [email protected]



       Attention: Wilhelm Koschade - Noosa Council Development Assessment Team


Dear Wilhelm,

CHANGE TO DEVELOPMENT PERMIT FOR MATERIAL CHANGE OF USE OF PREMISES -
DETACHED HOUSE, TO ALLOW A MINOR HEIGHT RELAXATION, NOOSA DUNES 27/512 DAVID
LOW WAY CASTAWAYS BEACH QLD 4567 (LOT 27 SP 111721)


INTRODUCTION
Please find enclosed development application requesting a change to development approval
MCU16/0120 to be assessed by the Noosa Council.

This application seeks support for a proposed minor change to approved plans and an
amendment of two approval conditions.

In accordance with Section 81 of the Planning Act 2017 we seek a minor change to the existing
material change of use development permit given by Council.

In support of this application please find enclosed:

   ●   Planning Act Form 5;
   ●   Landowner Consent for Lot 27;
   ●   Body Corporate Consent; and
   ●   ‘As Built’ Architectural Plans prepared by Aboda Design Group.

The $1,001.00 Council application fee will be paid upon receipt of Council invoice.
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Page 2

SITE PARTICULARS
                                        SITE DETAILS
 Street Address:                 Noosa Dunes 27/512 David Low Way Castaways Beach
 Real Property Description:      LOT 27 SP 111721

                                    APPLICANT DETAILS
 Applicant & Landowner:          Kim Alice Monahan & Robert Duncan Monahan

                                    STATUTORY DETAILS
 SEQRP Designation:              Urban Footprint
 Local Plan Area:                Eastern Beaches
 Zone:                           Detached Housing
 Assessment Type:                Minor Change to Existing Material Change of Use approval
 Statutory Referrals:            N/A



PROPOSED CHANGE TO APPROVAL
   ●   Endorsement of as built plans prepared by Aboda Design Group which have a maximum
       height of 8.3m above natural ground level.

   ●   Change to Conditions 2 and 5 of the existing approval relating to approved plans and
       building height.



JUSTIFICATION FOR PROPOSED CHANGE TO APPROVAL
The change seeks to allow a maximum building height of 8.33m above natural ground level on
the following basis:

   ●   There has been a discrepancy with how the natural ground level has been measured by
       the project surveyors.
   ●   There is substantial cross fall from the north-west to south-east corner, and the site
       drops away sharply in that bottom corner of the site.
   ●   The house is only 2 storeys from the street at its highest point and the actual built form
       is under 8m as required.
   ●   The building is also only 2 storeys in height from the point of contention on the lowest
       south-east corner.
   ●   The architecturally designed house is in keeping with the building covenant for Noosa
       Dunes and has the written support of the body corporate as attached.
   ●   Aside from the minor surveyed building height non-compliance at the lowest corner of
       the building footprint, the house is fully compliant with respect to all other relevant
       aspects of the approved plans.

Page 3

   ●   The section of the patio roof that is marginally over height is located in the lowest
       south-east corner of the site and, cannot be seen from the street and has no adverse
       impact on the estate or any direct neighbour.
   ●   The house is complete and there is no building solution available to rectify the surveyed
       interpretation of the natural ground level.



CHANGE TO CONDITIONS
Change to Condition 2

We request that Condition 2 includes the endorsement of the attached ‘as built’ plans prepared
by Aboda Design Group as detailed below:

                             DOCUMENTATION FOR APPROVAL
 Plan No.         Rev       Plan Title                                            Date
 WD.203           ABREL     Upper Level Plan                                      12.04.18
 WD.502           ABREL     Elevations (east and north-east)                      12.04.18
 WD.504           ABREL     Elevations (south and north-east)                     12.04.18
 16.4143AD        1         Plan Showing Details of Finished Level of Parapet     28-03-18
                            Wall at Lot 27
 16.4143AA        1         Plan Showing Details of Lot 27                        06-05-16

Change to Condition 5

We request that Condition 5 be amended as follows………...The maximum height of the
development must not exceed 8.33 metres above the natural ground level and 2 storeys.


ADDITIONAL PLANS FOR ENDORSEMENT

We request endorsement of the attached ‘as built’ plans prepared by Aboda Design Group as
detailed below.

                             DOCUMENTATION FOR APPROVAL
 Plan No.         Rev       Plan Title                                            Date
 WD.101           PBA       Cover Sheet                                           15.05.18
 WD.103           PBA       Floor Areas and Demolition                            15.05.18
 WD.104           PBA       Relation                                              15.05.18
 WD.201           PBA       Main Level Plan                                       15.05.18
 WD.202           PBA       Upper Level Plan                                      15.05.18
 17016A           1         Partial Site Contour and Detail Survey                04.08.17

Page 4

BUILDING HEIGHT CODE ASSESSMENT
DETACHED HOUSE CODE ALTERNATE SOLUTIONS
Specific Outcome             Element     Compliance with Specific Outcome O10

Height                                  Height   A. The proposed development is low
O10         Buildings    and     other              rise. The architecturally designed
structures—                                         house is in keeping with the
a) are low rise and present a                       building covenant for Noosa Dunes
building height consistent with                     and has the support of the body
structures on adjoining and                         corporate as attached.
surrounding land;                                B. Only 2 storeys of development are
b) have a maximum building                          proposed.
height of—                                       C. The house is only 2 storeys from
i) for Visitor Mixed Use Zone— 3                    the street at its highest point and
storeys; or                                         the building form is under 8m as
ii) if in the Noosa Heads Locality                  required.
Attached Housing Zone— Lot 4 on                  D. Refer attached ‘as built’ modelling
SP100064 in Serenity Close                          of view lines.
Noosa Heads— 4 storeys                           E. The architecturally designed house
Otherwise— 3 storeys                                respects the scale of existing
iii) if in the Noosaville Locality and              development in the local area.
the Attached Housing Zone with                   F. The constructed house steps
frontage to the following streets: -                down the slope and follows the
Russell St, William St and Howard                   natural contours of the land.
St, or Weyba Rd, James St and
Albert       St    north    of    their
intersections with Elizabeth St (as
well as properties fronting Gympie
Terrace or Noosa Parade between
Weyba Road and Russell Street)—
3 Storeys;
iv) otherwise– 2 storeys;
c) do not visually dominate the
street, surrounding spaces or the
existing skyline;
d) preserve the amenity of
surrounding land including privacy,
views and access to sunlight;
e)       respect    the    scale    of
surrounding vegetation; and
f) respond to the topography of
the site by stepping down the
slope or sitting above the ground
level on stumps, for sloping sites.

Page 5

SUMMARY
We thank Council on behalf of the applicant for assessing the above application.

In summary, this house has been built generally in accordance with the approved plans, is under
8m at its highest point, the very minor height breach is not visible from the street, the house is
only 2 storeys in height, and the height non-compliance is as a result of subjective surveying of
levels at that lowest south-east corner of the building envelope.

Based on the information provided in this application we respectfully request that Council
proceed to issue a minor change approval supporting the proposed development in full.

If you have any questions with respect to the above, please do not hesitate to contact me
directly.

Yours faithfully,
Adapt Planning Pty Ltd




Liam Pinese
Principal Town Planner / Director
E: [email protected]
M: 0432497857
A: Po Box 7618 Sippy Downs QLD 4556
W: adaptplanning.com.au

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