Martoo planning statement Minor change · MCU14/0084.03

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Figure 1 – location of new solar panels along western boundary of site




Figure 2 – north eastern view of proposed panels

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Figure 3 – photograph of existing western boundary and adjoining fencing

Minor Change

An assessment of the proposed changes against the provisions of the Planning Act 2016 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

       b) for a development approval, is a change to the approval that —
         (i) would not result in a substantially different development; and

       The proposed works are considered to comply with the provisions relating to a minor change
       and are not considered to be a substantially different development as detailed by the
       Development Assessment Rules which include:

           (a) involves a new use;

                   No new use proposed.

           (b) results in the application applying to a new parcel of land;

                   No new parcel of land to be utilised.

           (c) dramatically changes the built form in terms of scale, bulk and appearance;

                   Building form not dramatically altered as proposed solar panels located over existing driveway and main
                   building form retained in its approved form.

           (d) changes the ability of the proposed development to operate as intended;

                   Proposed solar panels enhance operation of dwelling through reduced reliance on mains power.

           (e) removes a component that is integral to the operation of the development;

                   Proposed solar panels enhance operation of dwelling through reduced reliance on mains power.

           (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site;

                   Solar panels do not impact on traffic flow or increase traffic to the site.

           (g) introduces new impacts or increase the severity of known impacts;

                   Proposed solar panels are located in a setback area that is currently approved for use as a driveway to the
                   dwelling. The panels will be located below the view lines of the existing dwellings to the west and will not
                   impact on the visual amenity of the area. The panels will not be visible to the beach front as they will be
                   screened by the existing building and do not impact on the stability of the site.

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         (h) removes an incentive or offset component that would have balanced a negative impact of the development; or

                 No change to proposed use.

         (i) impacts on infrastructure provisions.

                 No change to existing infrastructure servicing the site as the proposed solar panels will reduce the reliance
                 of main power.

       (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;

                 The proposed solar panels are not prohibited development.

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

                 The proposed solar panels do not trigger referral to a referral agency.

                 (C) referral to extra referral agencies, other than to the chief executive;

                 The proposed solar panels do not trigger referral to an extra referral agency.

                 (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;

                 The proposed solar panels do not trigger referral to a referral agency.

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

                 The proposed solar panels do not trigger public notification of the proposal


ASSESSMENT

The Planning Act 2016 states that when assessing a change application the responsible entity:

      81 (3) (a) must assess against, or have regard to, the matters that applied when the
                 development application was made; and
            (b) may assess against, or have regard to, the matters that applied when the change
                 application was made.

The original application for a dwelling triggered code assessment due to the Coastal Protection
Precinct of the Natural Resources Code covering the site which detailed that a detached house was
code assessable. The proposed changes do not impact on the provisions of the Code as the panels
and structure will be screened by the existing approved building.

The proposed solar panels and pergola structure are located within the western side boundary
setback whereas the planning scheme details a 6 metre setback for the Rural Settlement zone. The
proposed works are considered to comply with Specific Outcome O1 of the Detached House Code as
detailed below:

      O1 Buildings and other structures are appropriately designed and sited to—
      a) provide amenity for users of the premises

      The 9930m2 site is severely constrained with limited land available for actual development. The
      solar panel location across the driveway maintains existing landscaping and recreational areas

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      associated with the approved dwelling noting that there is no other area available on site that
      can be utilized.

        b) preserve the visual and acoustic privacy of adjoining and nearby land uses as well as
        reasonable access to views and sunlight;

        The proposal plans detail that the site and proposed solar panels are well below existing decks
        and recreational areas associated with the adjoining lots to the west and will not impact on view
        lines or sunlight.

        c) preserve any existing vegetation that will buffer the proposed building or structure from
        adjoining uses;

        There is no existing vegetation on site that will buffer the solar panels.

        d) allow for landscaping to be provided between buildings;

        The solar panels are proposed to be located over the approved driveway and condenser
        building where there currently is no area available for landscaping.

        e) maintain the visual continuity and pattern of buildings and landscape elements within the
        street;

        The proposed solar panels are not visible to the surrounding area or street. The solar panels are
        located in the only area of the site that is capable of supporting such a structure.

        f) for class 10a buildings, do not visually dominate the street;

        The proposed solar panels are not visible to the surrounding area or street.

        g) avoid any significant adverse impacts on the natural values of waterways and their
        foreshores, including those of the Noosa River and its lakes; and

        The proposed solar panels are not visible to the surrounding area including the beachfront.

        h) do not interrupt the natural cycles of erosion and accretion of waterways and foreshore areas

        The proposed solar panels do not impact on the surrounding natural cycles as they are located
        over an existing driveway.



The enclosed development application is lodged electronically and includes:

    •    Change application Form 5;
    •    Owners consent; and
    •    Proposal Plans prepared by NRA architects.

Application fees will be paid separately by cheque following lodgment of the application and
notification of Councils reference. Please contact our Sunshine Coast office if you require any further
information and/or clarification.

Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty ltd