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Cover Letter - Minor Change Application · 131999.982846.3

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Date: 17 April 23


The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565

Via Email ([email protected])

Dear Sir/Madam

RE:     Request for Minor Change to Development Approval (131999.982846) relating to a
        Dwelling House at 18 Arakoon Crescent, Sunshine Beach described as Lot 791 on RP48111

In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor
Change to the Development Approval (2008/0107) at the abovementioned property.

This request is made on behalf of the owner of the premises, Jennifer Carr & Peter Butt.

In support of the application, please find enclosed:
    + Planning Act Form 5; and
    + Proposal Plans (Attachment 1);

Payment of the minor change application fee will be made upon Council issuing the relevant Tax
Invoice.


Background

The subject site is located at 18 Arakoon Crescent, Sunshine Beach described as Lot
791 on RP48111 and contains an existing 2 storey dwelling.

On 16/09/1999 council approved an extension to the dwelling house (131999.982846)

On 23/05/2018 a minor change to the approval issued which sought a retrospective approval for
retaining walls that had been constructed adjacent to the seaward boundary of the site, within the
coastal building line.
Full text of the other 17 pages

Page 2

Figure 1 – Aerial Photograph of Site


The Proposal

The proposed minor change application seeks an approval to make additions and alterations to the
existing dwelling house to establish a lift adjacent to eastern side boundary. The lift has a height of
6.05m and is situated a minimum of 1.120m from the eastern side boundary.

Please refer to Figures 2 - Figures 4 below, which illustrate the proposed siting and design of the lift




Figure 2 – Site Plan illustrating location of the lift

Page 3

Figure 3 – Level 2 Plan illustrating location and footprint of lift




Figure 4 – Lower level Floor Plan Illustrating extent of 3 Storey Component

Page 4

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
 11           -          Proposed Site Plan, prepared by JFM Design               23/02/2023

 11           -          Proposed Level 2 Floor Plan, prepared by JFM Design      23/02/2023

 11           -          Proposed Level 3 Floor Plan, prepared by JFM Design      23/02/2023

 11           -          Proposed Section, prepared by JFM Design                 23/02/2023




Statutory Process and Assessment Requirements

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 additions and alterations to an existing dwelling house;
    + The change 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 the
assessment manager must consider:

(2)(da) all matters the responsible entity would or may assess against or have regard to, if the
change application were a development 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.

Page 5

(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 original development permit for the additions to the dwelling house was properly made on
09/08/1999. The 1997 Strategic Plan was in effect at the time that the application was properly
made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was
made. 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.

An assessment against the all matters the responsible entity would or may assess against or have
regard to, if the change application were a development application is provided in the sections
below.

Framework for Assessment

Categorising Instruments for Statutory Assessment

In accordance with Section 43 of the Planning Act 2016, the following categorising instruments may
contain assessment benchmarks applicable to development applications:
+     the Planning Regulation 2017
+     the Planning Scheme for the local government area
+     any temporary local planning instrument
+     any variation approval

Of these, the planning instruments relevant to this application are discussed below:

Assessment Benchmarks Related to the Planning Regulation 2017

The Planning Regulation 2017 (the Regulation) prescribes assessment benchmarks that the
application must be carried out against, which are additional or alternative to the assessment
benchmarks contained in council’s Planning Scheme. These assessment benchmarks may be contained
within:
    • the SEQ Regional Plan;
    • Part E of the State Planning Policy, to the extent they are not appropriately integrated into the
        Planning Scheme; and
    • Schedule 10 of the Regulation.

An assessment against the applicable benchmarks contained within the Planning Regulation is
provided below:

SEQ Regional Plan

The subject site is located within the Urban Footprint under the SEQ Regional Plan (SEQRP). The
dwelling house additions are consistent with the goals, elements and strategies for the Urban
Footprint designation.

Page 6

Part E of the State Planning Policy

The current State Planning Policy (SPP) commenced on 3 July 2017. The applicable State interests
relating to development assessment are set out in Part E of the document and are under five broad
themes. The Noosa Plan 2020 appropriately integrates all of the SPP provisions except for Natural
hazards, risk and resilience - coastal hazards - in part. The development in the erosion prone area, as
shown on the SPP interactive mapping system and consequently is subject to assessment against the
assessment benchmarks – natural hazards, risk and resilience within the State Planning Policy.




Figure 5 – Erosion Prone Area Mapping


 Applicable Benchmark                                 Comment
 Bushfire, flood, landslide, storm tide inundation, and erosion prone areas outside the coastal
 management district:
 (3)    Development other than that assessed          Complies.
        against (1) above, avoids natural hazard
        areas, or where it is not possible to avoid   The entire site is located within a mapped
        the natural hazard area, development          erosion prone area and it is not possible to
        mitigates the risks to people and             avoid the hazard area.
        property to an acceptable or tolerable
        level.
                                                      The proposal involves a lift addition which is
                                                      contained within the curtilage of the existing
                                                      dwelling. The proposed building works will not
                                                      involve any groundwork taking place within the
                                                      erosion prone area and will not introduce any

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                                                   unacceptable risks to people and property from
                                                   potential beach erosion.
 All natural hazard areas:
 (4) Development supports and does not hinder      Complies.
 disaster management response or recovery
 capacity and capabilities.                        The proposed building works will not hinder
                                                   disaster management. response or recovery
                                                   capacity and capabilities.

 (5) Development directly, indirectly and          Complies.
 cumulatively avoids an increase in the severity
 of the natural hazard and the potential for       The proposed building works will not have
 damage on the site or to other properties.        potential to increase the severity of the natural
                                                   hazard or the potential for damage on the site
                                                   or to other properties.
 (6) Risks to public safety and the environment    N/A
 from the location of hazardous materials and
 the release of these materials as a result of a   The proposal relates to additions and
 natural hazard are avoided.                       alterations to an existing dwelling and will not
                                                   involve storage of hazardous materials.
 (7) The natural processes and the protective      Complies.
 function of landforms and the vegetation that
 can mitigate risks associated with the natural    The proposed additions will maintain existing
 hazard are maintained or enhanced.                landscaping throughout the site.

Assessment Benchmarks Related to the Planning Scheme

The site is a located within the Low Density Residential Zone under the Noosa Plan 2020. Pursuant to
Table 5.7.1 of the planning scheme, building work associated with a Dwelling House is ‘accepted
development’ subject to the following requirements:-

Table 6.2.1

 Requirements for Accepted Development
 Low Density Residential Zone Code        Acceptable Outcomes AO5, AO7, AO8, AO9, AO10, AO11,
                                          AO12, AO13, AO14, AO16, AO17, AO18, AO19, AO20 and
                                          AO21

 Low Density Housing Code                 Acceptable Outcomes AO2, AO3, AO4, AO7, AO15, AO16,
                                          AO18 and AO22


The proposed building works are also assessable against the Coastal Protection and Scenic Amenity
Overlay Code in accordance with Table 5.9.4 of the Noosa Plan 2020.

The application has been assessed against the applicable outcomes of abovementioned codes and
found to be compliant with each or will other comply with the corresponding performance outcomes.
An assessment against the most applicable outcomes is provided in the table below:

Page 8

Low Density Residential Zone Code
Performance Outcomes             Acceptable Outcomes                 Compliance
PO5                              AO5.1                               AO5.1 – 5.2 - Not Applicable
A secondary dwelling may         No more than one secondary
create permanent housing for     dwelling is provided on
an extended family member        any site regardless of site area.
or other member of
the household resident in        AO5.2
the dwelling house while         A secondary dwelling:
protecting the low
density character of             a) has a maximum gross floor
the site and the zone.              area of 65m²;
                                 b) has no more than two
                                    bedrooms; and
                                 c) does not occur on any
                                    property covered by
                                    a Building Unit Plan.

PO7                              AO7.1                               AO7.1 – Complies
Buildings and structures:        Buildings and structures are no     The lift addition will have a
                                 more than 8 metres in building      maximum height of 6.05m.
a) are low rise and present      height and do not exceed 2
   a building                    storeys.
   height consistent with                                            AO7.2 – Complies
   structures on adjoining and
   surrounding premises and                                          Exposed facades will not
   with the predominant          AO7.2                               exceed 8m in height.
   character of the area;        Where excavation is required,
b) are designed to provide an    the maximum portion of the
   interesting streetscape and   exposed external façade of
   complement landform           the building cannot exceed 8m
   changes;                      in building height.
c) do not visually dominate
   the street or surrounding
   area;
d) respect the scale of
   surrounding vegetation an
   d maintain a vegetated
   skyline;
e) do not unreasonably
   obscure views or lead to
   overshadowing of
   neighbouring properties;
   and
f) do not exceed two storeys.

PO8                              AO8.1                               AO8.1 – Complies
Development:                     Site cover of all buildings and     The dwelling house has a site
                                 structures on site does not         coverage of less than 50% at

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a) is of a scale compatible       exceed:                             the ground level and 30% for
   with surrounding                                                   the second storey.
   development and the            a) for a single storey building –
   particular circumstances of        50%;
   the site;                      b) for a building of 2 storeys –
b) has a low site impact to          i.   50% for one of the
   maximise the opportunity               storeys; and
   to                               ii.   30% for the
   retain site characteristics,           other storey; or
   such as                         iii.   40% for both storeys.
   native vegetation and
   natural landforms;
c) allows the opportunity to
   provide soft
   landscaping between
   buildings;
d) does not present an
   appearance of bulk to
   adjacent properties, roads
   or other areas in the
   vicinity of the site.
PO9                               AO9.1                               PO9 – Complies
Buildings and structures are      Buildings and structures have
                                                                      The proposed additions are
designed and sited to:            a setback of 6 metres from the
                                                                      setback greater than 6m from
a) provide a high level of        road frontage, provided
                                                                      the frontage.
   amenity to users of the        that setback to
   subject site and adjoining     one frontage may be reduced to
   premises,                      4.5 metres where the lot:
   including provision of
   visual and acoustic privacy    a) has frontage to more than
   and access to sunlight;           one road; and
b) not unreasonably obstruct      b) is less than 600m2 in area;
   views or cause overlooking        or
   of private open space or       c) is less than 15 metres in
   habitable areas                   width.
   of adjoining premises;
c) provide adequate distance      AO9.2
   from adjoining land uses;      Buildings and structures meet       AO9.2 – Not Applicable
d) preserve                       the following minimum
   existing vegetation that       boundary setbacks to rear           The proposal has a rear
   will help buffer               boundaries:                         boundary to a reserve. Refer
   development;                                                       to AO9.4 below.
e) allow for space and            a) where the lot has an area of
   landscaping to be provided        at least 550m2, rear
   between buildings                 setbacks comply with either:
   including adequate area           i. 3 metres setback up to
   at ground level for                   4.5 metres in height; and
   landscaping with trees,               6
   shrubs and outdoor living;            metres setback between
                                         4.5 metres and
                                         8 metres height; or

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f) be consistent with the         ii. no part of
   predominant character of           the building protrudes
   the streetscape; and               beyond a projection line
g) protect the natural                that rises from 1.8
   character and avoid                metres above the ground
   adverse impacts                    at the property boundary
   on ecologically important          to a point 8 metres in
   areas such as national             height 6 metres in from
   parks, waterways and               the property boundary,
   wetlands.                          providing that
                                      no building or structure
                                      is setback less than 1
                                      metre from the
                                      boundary, as shown
                                      in Figure 6.3.1.4

                               AO9.3                               AO9.3 – Performance
                               Buildings and structures meet       Outcome
                               the following minimum
                               setbacks to boundaries other        Please refer to an assessment
                               than road frontages and rear        against the alternative
                               boundaries:                         outcomes in the relevant
                                                                   section below.
                               a) 1.5 metre setback up to 4.5
                                  metres height;
                               b) 2 metres setback between
                                  4.5 metres and
                                  7.5 metres height; and
                               c) 2.5 metres if above 7.5
                                  metres height.

                               AO9.4                               AO9.4 – Complies
                               Notwithstanding the provisions      The proposed additions
                               of AO9.2 and AO9.3, a               provide a minimum setback
                               lesser building setback to:         of 5.05m to the to the rear
                                a) side and rear boundaries        boundary with the reserve.
                                   may apply for the following
                                   provided they comply with
                                   the Queensland
                                   Development Code:
                                    i. open carport;
                                   ii. swimming pool,
                                       garage/shed; and
                                  iii. rainwater tank, retaining
                                       walls, screens and fences
                                       not exceeding 2 metres
                                       in height; and
                                b) front boundaries may apply
                                   for the following provided
                                   they comply with the

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                                     Queensland Development
                                     Code:
                                      i. swimming pool less than
                                         1m above ground level;
                                         or
                                     ii. decks or balconies less
                                         than 1m above ground
                                         level.

                                  c) where the rear boundary of
                                     a lot adjoins a
                                     reserve, public open
                                     space or access easement
                                     the rear
                                     boundary setback may be as
                                     for other boundaries as
                                     addressed in AO9.3 below.

PO12                              AO12.1                             AO12.1 – Complies
Buildings and structures are      Buildings are orientated
designed to:                      towards the street by having       The dwelling is orientated to
                                  the main entrance easily           the street.
a) address the street and         recognisable from the street
   contribute positively to the   and including two or more of
   streetscape character;         the following design elements
b) avoid large continuous wall    in the front facade:
   planes and bulky
   elevations or boxy profiles;   a) verandahs;
c) maintain a domestic            b) porches;
   appearance consistent          c) external stairs;
   with                           d) awning or shade structures;
   detached dwelling houses.         or
                                  e) window openings.
                                                                     AO12.2 – Complies
                                  AO12.2                             Walls do not exceed a length
                                  No wall greater than 5 metres in   of 20m
                                  height has a length greater than
                                  20 metres.

                                  AO12.3                             AO12.3 – Not Applicable
                                  Where buildings are raised on
                                  posts or stumps with a
                                  suspended floor, the distance
                                  between the ground and the
                                  lowest part of the floor of
                                  the building does not exceed 3
                                  metres.

Page 12

                                 AO12.4                             AO12.4 – Complies
                                 Development visible from the
                                 street includes no more than:
                                 a) one letter box;
                                 b) one electricity meter box;
                                 c) three wheelie bins; and
                                 d) three garage doors.

                                 AO12.5
                                 Any shipping containers, railway   AO12.5 – Not Applicable
                                 carriages or similar are placed
                                 behind a dwelling house and
                                 not visible from the street.
PO13                             AO13.1                             AO13.1 – Not Applicable
Garages and carports are         No more than three garage
designed and sited to visually   doors, having a combined total
integrate with                   width not exceeding 7.2 metres
the dwelling and avoid           present to the street front.
dominating the street by:
                                 AO13.2
a) minimising the width of       Double width garages do not        AO13.2 – Not Applicable
   the garaging structure;       occur on any lot less than 10
b) minimising projection of      metres wide.
   the structure forward of
   the main face of              AO13.3                             AO13.3 – Not Applicable
   the dwelling; and             On a lot less than 12.5 metres
c) ensuring the pedestrian       wide double garages are
   entrance / front door is      permitted only where:
   visible from the front
   property boundary.            a) the lot is at least 10 metres
                                    wide;
                                 b) the building is more than
                                    one storey in height; and
                                 c) the total width of the garage
                                    does not exceed 60% of the
                                    width of the lot.

                                 AO13.4                             AO13.4 – Not Applicable
                                 On lots with a width of at least
                                 12.5 metres but not exceeding
                                 14 metres the total width of the
                                 garage does not exceed 50% of
                                 the width of the lot and garage
                                 doors do not exceed a total
                                 width of 6 metres.

                                 AO13.5
                                 On lots with a width of more       AO13.5 – Not Applicable
                                 than 14.0 metres, garage doors
                                 within 10 metres of the front
                                 boundary do not present a

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                                  combined width of more than
                                  6.7 metres or 40% of the lot
                                  width whichever is the lesser.
PO14                              AO14
Basements (including the          Basements:                            AO14 – Not Applicable
entry points to them):            a) are limited to one access a
a) do not dominate the street         maximum of 6 metres wide;
   or building design;                and
b) visually integrates with the   b) do not encroach into
   residential building; and          boundary setback areas.
c) do not present as
   a storey to the street.

PO16                              AO16.1
Roof designs:                     With the exception of the reuse       AO16.1 – Not Applicable
a) contribute positively to the   or renovation of an
   character of the               existing building which does not
   streetscape;                   comply, in areas other than the
b) incorporate eaves and roof     Coastal Communities and Noosa
   overhangs;                     Heads local plan areas:
c) avoid boxy elevations on
   the front facade of            a) the main roof of buildings
   the building;                     has a pitch no less than 5
d) do not present an                 degrees; and
   appearance of excessive        b) eaves apply to at least 75%
   bulk to the street or             of the perimeter of the roof.
   neighbouring properties;
e) do not create                  AO16.2
   opportunities for residents    The total width of any parapet        AO16.2 – Not Applicable
   or building users to           wall does not exceed 50% of the
   overlook the private open      width of the front facade of
   space or view into             a building.
   habitable windows or
   doors of neighbouring          AO16.3                                AO16.3 – Not Applicable
   properties.                    Development does not include
                                  rooftop terraces.

PO19                              AO19.1
Development:                      For landscape amenity reasons,        AO19.1 – Not Applicable
a) has minimal impact on the      cut or fill is less than 1.5 metres   The proposal does not involve
   natural landform and           in depth relative to the ground       cut and filling in excess of
   landscape of the site;         level.                                1.5m in depth.
b) does not lead to erosion or
   the transport of               AO19.2
   sediments off site; and        Development does not result in        AO19.2 – Complies
c) does not lead to the           sediment or other material            The additions and alterations
   disturbance of natural         including building materials or       are within the curtilage of the
   features, buildings or         waste products being deposited        existing dwelling and will not
   structures of cultural         or released into the road             result in sedimentation
   heritage significance.         reserve, stormwater drain or          issues.
                                  adjacent properties.

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PO20                            AO20.1                              AO20.1 – Complies
Development on sloping sites:   To protect scenic amenity and       The additions and alterations
                                other landscape qualities:          are within the curtilage of the
a) is visually responsive to the                                    existing dwelling and remain
   natural topography and        a) buildings and structures are    responsive to the sloping site.
   sits within the landscape          not constructed on land with
   rather than dominating it;         a slope greater than 33%;
b) steps down slopes or uses          and
   suspended floor               b) buildings and structures are
   construction, minimising           only constructed on steep
   cut or fill and avoiding           slopes if:
   benching of the site;             i.    there are no other
c) retains                                 suitable building sites
   natural vegetation that                 on the property; and
   assists in screening or          ii.    construction utilises
   visually softening                      suspended floors or
   development; and                        pole footings rather
d) uses materials, finishes                than slab on ground
   and colours that                        construction.
   complement the natural
   setting and integrate with    AO20.2                            AO20.2 – Not Applicable
   the landscape and skyline. On sloping sites or on ridgelines
                                 at the uppermost edge of a
                                 hill slope:

                                a) roof lines are generally
                                   parallel with contours of the
                                   land;
                                b) roofs do not exceed a pitch
                                   of 15 degrees;
                                c) buildings do not protrude
                                   above the height of
                                   prevailing vegetation; and
                                d) undercroft areas exceeding
                                   1.5 metres in height are
                                   screened with landscaping
                                   or battens.


                                AO20.3
                                                                    AO20.3 – Not Applicable
                                On sloping sites slab on ground
                                construction is avoided to
                                minimise building bulk and
                                benching of the site. Split-level
                                buildings with small floorplates
                                are used as an alternative. Post
                                and beam construction or
                                suspended floor or pole
                                footings may be appropriate.

Page 15

                                  AO20.4 Buildings:
                                  a) are constructed in              AO20.4 – Complies
                                     lightweight materials such as   The dwelling includes a
                                     timber or board, stainless      mixture of steel and glass and
                                     steel, glass and corrugated     timber and is finished in grey
                                     iron;                           tones that blend with the
                                  b) are finished with exterior      surrounding landscape.
                                     colours of moderate to
                                     darker shades of olive green,
                                     brown, green, blue, charcoal
                                     or wood stains that blend
                                     with the colour and hues of
                                     the
                                     surrounding vegetation and
                                     landscape;
                                  c) avoid large expanses of solid
                                     colours or reflective
                                     surfaces.

PO21                              AO21                               AO21 – Complies
Filling and excavation for        Filling and excavation for         The proposal will require
operational works do not          operation works are designed       minimal earthworks within
directly, indirectly or           and constructed to ensure          the curtilage of the existing
cumulatively cause adverse        overland flow and/or flooding is   dwelling and will not impede
impacts external to the           not worsened, impeded, or          or worsen overland flow.
development site by:              otherwise diverted to adversely
                                  affect other properties or
a) causing ponding of water       downstream environments
   on the site or nearby land;
b) increasing flooding, which
   adversely affects the safety
   or use of any land
   upstream or downstream;
   or
c) adversely affecting the
   flow of water in any
   overland flow path.

Low Density Housing Code
Performance Outcomes              Acceptable Outcomes                Compliance
Landscaping                                                          AO6 – Complies
PO6                               AO6                                The additions and alterations
Buildings and structures allow    Soft landscaping is provided and   will maintain a minimum of
for sufficient space for          retained to a minimum of 20%       20% soft landscaping
outdoor activities, garden        of the site area.                  throughout the site.
areas and screening to
surrounding land uses.

Page 16

Landslide Hazard Area              AO22.1                              AO22.1 AO22.3 – Complies
PO22                               Development, including
                                                                       The land is identified as a
Development maintains the          associated access, is not located
                                                                       landslide hazard area on
safety of people, property and     on land identified as a landslide
                                                                       a Landslide Hazard Overlay
hazardous materials stored in      hazard area on a Landslide
                                                                       Map and consequently
bulk from the risk of landslide.   Hazard Overlay Map.
                                                                       cannot achieve AO22.1. The
                                                                       proposed additions and
                                   AO22.2
                                                                       alterations within the mapped
                                   Development, including
                                                                       area and are within the
                                   associated access, is located
                                                                       curtilage of the existing
                                   outside moderate, high and
                                                                       dwelling and will only involve
                                   very high landslide hazard areas
                                                                       minor earthworks. A
                                   and areas with 15% slope or
                                                                       geotechnical report can be a
                                   greater, as determined by
                                                                       condition of approval.
                                   a site-specific slope-analysis.

                                   AO22.3
                                   A site-specific geotechnical
                                   assessment is prepared by a
                                   registered professional engineer
                                   to certify that:
                                   a) the stability of the site,
                                       including associated
                                       buildings and infrastructure,
                                       will be maintained and
                                       operational for the life of
                                       the development;
                                   b) the site is not subject to the
                                       risk of landslide activity
                                       originating from other land,
                                       including land above
                                       the site; and
                                   c) development of the site will
                                       not increase the risk of
                                       landslide activity on other
                                       land.

Coastal Protection and Scenic
Amenity Overlay Code
Performance Outcomes               Acceptable Outcomes                 Compliance
PO5                                AO5                                 AO2.1 – Not Applicable.
Development within the             A mix of native landscaping,        A mix of native landscaping
Coastal Protection and Scenic      such as ground covers, shrubs       including ground covers,
Amenity Area is—                   and trees, is provided for a        shrubs and trees, is provided
                                   width of 5 metres from the          for a width of 5 metres from
a) designed to protect             seaward or rear boundary of         the seaward or rear boundary
   character and scenic            the site to provide adequate        of the site in accordance with
   amenity and integrate with      landscape buffering to protect      condition 9 of the existing
   the surrounding natural         the coastal dune system.            approval.
   landscape and

Page 17

    skyline vegetation (see Fig
    ure AP3-3A); and
 b) finished predominately in
    colours and hues of the
    surrounding natural
    landscape.



 PO6                                AO6.1                               AO6.1-AO6.3 – Complies
 Rear fences adjacent to the        Rear fences adjacent to the         The proposal can be
 beachfront within the Coastal      beachfront within the Coastal       conditioned to comply.
 Protection Area are designed       Protection Area incorporate the
 and sited to be sympathetic        following—
 with the visual amenity of the
 beachfront and do not              a) height of no more than 1.2
 degrade the natural                   metres; and
 beachfront character.              b) open construction (ie at
                                       least 50% transparent);
                                    c) lightweight materials (eg.
                                       timber); and
                                    d) dark colours to blend with
                                       the natural landscape.

                                    AO6.2
                                    Gates are not installed in fences
                                    as direct access to the
                                    beachfront does not occur.

                                    AO6.3
                                    Only beach access points for
                                    use by the community are
                                    constructed.

Alternative Outcomes

Low Density Residential Zone Code

Performance Outcome PO9 – Side Setback

The proposed lift addition provides a minimum setback of between 1.12m – 1.243 to the northern
side boundary and consequently does not comply with AO9.3 of the Code. While not complying with
AO9.3, it is considered that it complies with Performance Outcome PO4 of the code for the following
reasons:
   a) the proposal will provide a high level of amenity to users of the subject site and the adjoining
      premises, including provision of visual and acoustic privacy and access to sunlight in that:
       i. the lift will provide improved mobility for the residents of the dwelling, so that access the
          second floor of the dwelling more easily; and

Page 18

         ii. the encroachment is minor in nature, relating to a 1.5m wide lift structure that
             encroaches 380mm into the setback at the ground level and 880mm into the setback for
             a small 1.55m high portion of the structure that exceeds a height of 4.5m;
   b)   the encroachment relates a blank wall and would not unreasonably obstruct views or cause
        overlooking opportunities upon the private open space or habitable areas of adjoining
        premises;
   c)   the structure will maintain a 3.8m separation from the common boundary with the adjoining
        dwelling to the north, which is adequate to protect their amenity;
   d)   the dwelling will preserve mature vegetation in along the side and rear boundaries that will
        assist with buffering the development;
   e)   the dwelling will maintain sufficient space for landscaping to be provided between the
        buildings at the ground level, including areas that will support trees, shrubs and ground
        covers and outdoor living areas;
   f)   the proposal is consistent with the predominant character of the streetscape which includes
        mixture of large single and double storey dwelling houses. The proposed lift is visually
        obscured by the existing garage and will not be visually perceivable from the street; and
   g)   the proposal would not result in any adverse impacts to ecologically important areas.


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.

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