Town Planning Report - Minor Change Unit 3 September 2021

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        Project:                      Minor Change to Unit 3 at 3/18 Peregian Esplanade, Peregian Beach
        Document:                     Town Planning Report
        Project Number:               20035
        Status of Report:             Final October 2021


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        TABLE OF CONTENTS


      INTRODUCTION ........................................................................................................................................... 4

      BACKGROUND ............................................................................................................................................ 7

      STATUTORY PROCESS .............................................................................................................................. 7

      PLANNING SCHEME ................................................................................................................................... 8

         SITE COVER ................................................................................................................................................ 8
         GROSS FLOOR AREA .................................................................................................................................... 9
         BUILDING SETBACKS AND AMENITY .............................................................................................................10
      CHANGE TO CONDITIONS .......................................................................................................................10

      CONCLUSION ............................................................................................................................................11




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      Introduction

      The proposed development seeks to make a “minor change” to the existing Town Planning Consent (TPC
      2832) for a Group Housing Development (5 units on separate allotments plus common property – Current
      Development Approval No. 51995.1530.05).


      The site is located at 3/18 Peregian Esplanade, Peregian Beach and is described as Lot 3 on GTP105556 (Lot
      3 or Unit 3) as shown in the aerial photograph below (Figure 1).


      While the existing development is a 5 unit Group Housing Development, the proposed changes only affect
      Unit 3 and do not affect any other property, including common property.


                                                             Subject Land




      Figure 1 – Aerial Photograph


      The proposed renovations to Unit 3 include the following:
      Ground floor
           •    Removing the store/workshop and replacing with:
                     o    a larger entry area;
                     o    laundry beneath the stairwell (in part); and
                     o    installation of a lift; and
           •    the existing two (2) single garages retained as existing.
      First floor
           •    remove laundry (shift to ground floor);
           •    new bathroom and living room; and
           •    addition of a lift; and




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           •    access to the new private open space at ground level.


      Second floor
           •    reconfigure the kitchen, meals and living area;
           •    addition of a lift; and
           •    provision of new access stairs and screened landing area leading to the new private open space
                area at ground level.


      Landscaping and private open space (POS)
           •    reconfiguration of the garden to the front of the entry to provide a clearer and more direct path to
                the front door;
           •    new swimming pool, paved courtyard area and landscaping to the perimeter of the POS at the rear;
                and
           •    new raised garden along the side of the building to the rear.


      A copy of the proposal plans is provided as Attachment 1.


      There is no change to the roof form, with a small increase to the internal floor area 0.3m² (not GFA under
      Noosa Plan 2020, discussed below) and a minor increase in Site Cover (2m²), with no change to the number
      of bedrooms onsite. The proposed changes do not affect any other property and are wholly contained
      within the subject land (Lot 3).


      The 3D perspective below shows the extent of the changes at the rear of the site, including the new pool
      and landscaped area, new stairs, and landing area (Figure 2).




      Figure 2 - New landscape treatment and stairs to the rear private open space




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      A comparison of the existing and proposed floor plans is provided below (Figures 3, 4 & 5).




      Figure 3 - Existing and proposed ground floor plans




      Figure 4 - Existing and proposed 1st floor




      Figure 5 - Existing and proposed 2nd floor

      The is no change to the eastern elevation of the building, with the existing deck areas being maintained
      other than some cosmetic changes, including new paint (refer to the figure on the front page of the report
      and Attachment 1).




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      Background

      The development for a Group Housing Development was approved by Council on the 20 October 1995,
      comprising 5 x 3 bedroom units within three detached buildings, each two storeys in height (TPC 2832).


      Since that approval was granted a number of changes have occurred generally as follows:
      •    a permissible change (51995.1530.02) was approved on 11 October 2004 for a pool to be located to
           the rear of Unit 4;
      •    a permissible change (51995.1530.03) was approved by Council on 15 November 2010 for an additional
           bedroom and a 17m² additional deck area to be located on the upper level northern and eastern façade
           of Unit 5;
      •    a Generally in Accordance request was issued on 22 May 2014 for an extension to the deck on Unit 3;
      •    a minor change application (51995.1530.04) was approved on 8 February 2021 for additions and
           alterations to Unit 4; and
      •    a minor change application (51995.1530.05) was approved on 23 December 2020 to provide a roof over
           an existing deck on Unit 5.


      The following assessment of the proposed minor change is based on the development parameters provided
      in the Council officer assessment report for a recent change made to the development (51995.1530.04).
      This application was lodged on 14 July 2020 and was for a minor change for the adjoining Unit 4. That minor
      change complied with the site cover requirements and resulted in an overall reduction in gross floor area
      (GFA) as calculated under the Noosa Plan 2020 (discussed further below).


      It is understood the latest change made to Unit 5 (51995.1530.05) did not change any development
      parameters for the existing Group Housing Development, being for an open roofed deck not extending
      beyond the existing roof line of Unit 5 and not changing site cover or GFA. Consequently, the development
      parameters referred to below remain current (51995.1530.04).


      Statutory process

      The request for a minor change to an existing development approval is made under section 78 of the
      Planning Act 2016 (PA2016). An application for a minor change to a development approval can only be
      made in circumstances where a change would constitute a ‘minor change’ as defined under the PA2016.


      Having regard to definition of a “minor change” under the PA2016, the proposed change to the
      development approval:
           •    does not result in a substantially different development as the proposal does not dramatically
                change the built form in terms of the scale, bulk, and appearance, and otherwise does not offend
                any of the matters raised under Schedule 1: Substantially different development under the
                Development Assessment Rules;
           •    does not include prohibited development;
           •    does not require the application to be referred to additional referral agencies; and
           •    does not cause the application to become impact assessable.




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      While the site is a designated Unexploded Ordinance Area (UXO), the application is not for a material
      change of use but rather seeks to change the current Town Planning Consent1. It is noted the renovations
      and modifications to other units within the Group Housing Development have been considered a “minor
      change” despite the UXO designation.


      Having regard to the above and given the nature of the changes being proposed which do not significantly
      alter the built form, cause any offsite amenity impacts or change the nature of the use, the proposed
      changes can be considered a “minor change”.


      Planning scheme

      Under section 81 of the Planning Act 2016, at (4) the Council, being 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. Further, at (5) … 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; or … .


      Consequently, the application is to be assessed against the planning scheme in force at the time the original
      approval was granted which was the Schedule to the Planning Scheme 1985 (1985 Planning Scheme) and
      may give weight it considers appropriate to the Noosa Plan 2020.


      It is not known what zoning applied to the site under the 1985 Planning Scheme; however, the current
      development parameters for the site have been provided in a recent minor change application for Unit 4,
      which are discussed below (51995.1530.04).


      Under the Noosa Plan 2020, the subject site is included in Medium Density Zone. Under the Noosa Plan
      2020, the current use of the site could be considered a Multiple Dwelling. This is because there is no
      definition of a Group Housing Development provided under the Noosa Plan 2020.


      In terms of the Noosa Plan 2020, the most relevant code is the Medium Density Residential Zone Code
      (MDRZC). In terms of the former 1985 Planning Scheme the most relevant provisions appear under part 5.8
      – Group Housing Developments, which are limited. It is not known if a planning scheme policy applied for
      a Group Housing Development at the time the original Town Planning Consent was granted.


      Having regard to both planning schemes and previous assessment reports, the key issues to be addressed
      are site cover, gross floor area and impacts upon amenity. The other relevant aspects of the development
      relate to building setbacks for the proposed new stairs and landing area and changes to the private open
      space areas.


      Site Cover

      1 Planning Regulation 2017, Schedule 10, Part 4, Division 3, Table 1




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      The most recent available Council assessment report is for the minor change made to Unit 4. This report
      referred to the assessment report of 8 November 2010 (51995.1530.03) which approved a 16.3m² extension
      to the upper level deck on Unit 5, increasing the originally approved site cover of 31% to 32%2. The
      proposed new stairs increase site cover by a marginal amount of approximately 2m² or 0.14%, which is
      negligible.


      Under the 1985 Planning Scheme there is no applicable site cover requirement for a Group Housing
      Development under part 5.8. An extract of the relevant performance standards as taken from the original
      town planning report (referred to above) state that a site cover of 40% applied at this time. Under
      performance outcome PO10 of the MDRZC development is also not to exceed a site cover of 40%.


      The proposed minor change has a negligible effect on site cover and remains less than the maximum site
      cover allowed under the 1985 Planning Scheme and the Noosa Plan 2020, both being 40%. The amount of
      landscaping at the rear of the development is being maintained. Further, the change to the garden bed at
      the entry to the front door will not result in a material decrease in the amount of landscaped open space.


      It is noted the definition of a Landscaped area under the Noosa Plan 2020 states … (including landscaped
      buffer areas, landscaped building setback and landscaping) means part of a site comprising predominantly
      soft landscaping and set aside for the purposes of enhancing or protecting the amenity of the site. The term
      includes the areas occupied by bicycle racks, swimming pools or ponds and garden paths, but does not include
      impervious surfaces such as driveways, vehicle access lanes, vehicle parking and manoeuvring areas, waste
      storage areas, and the like. The proposed improvements to the rear of the Unit 3 provide for an improved
      landscaped area consistent with the above definition, with a negligible increase in site cover where the stairs
      and landing area are proposed.


      Gross floor area

      The proposal plans provide for a GFA calculation; however, this is primarily on the basis of GFA as it applied
      under the 1985 Planning Scheme, with respect to the stairwell at the ground floor being included (refer
      Dwg No. 190.01. 190.02 & 190.03). Based on this calculation, there is a small increase in GFA of 0.3m²;
      however, under the Noosa Plan 2020 the GFA is calculated differently. Under the Noosa Plan 2020 the access
      between levels is not considered GFA and therefore there is likely to be a reduction in GFA by about 4.5m²
      if the stairwell is excluded.


      While the original development might not meet the required plot ratio of 0.4:1 as required by performance
      outcome PO113, the changes being made to the building are internal only with generally no increase in the
      building footprint and no increase in GFA. Further, the building within Lot 3 (Unit 3) will remain at a scale
      that is compatible with surrounding development and not present an appearance of bulk to adjacent
      properties as required by performance outcome PO9 4.


      2 Planning assessment report, minor change 51995.1530.04

      3 Noosa Plan 2020, MDRZC, PO11, page 4 of 11

      4 Noosa Plan 2020, MDRZC, PO9, page 4 of 11




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      Building Setbacks and Amenity

      With respect to building setbacks and general impacts upon amenity, the most relevant performance
      outcome is PO12 – Building Setback under the MDRZC.


      Under acceptable outcome AO12.1, the rear setback for development is to be 6m. Under the proposed
      minor change the stair landing at the second level is setback approximately 5.5m from the rear boundary.
      The stair landing area provides for a small seating area that is fully screened from neighbouring properties
      (refer Figure 2). Having regard to performance outcome PO12:
           a) at (a), this minor encroachment will not affect the amenity of the adjoining premises, including
                visual acoustic privacy;
           b) at (b), will not obstruct views or cause overlooking;
           c)   at (c) provides for adequate distance from adjoining land uses, and is generally centrally located
                between the neighbouring properties to the west (refer Figure 1);
           d) at (e), landscaping around the perimeter of the backyard area and between the buildings on the
                neighbouring properties will assist with screening this landing area (refer Building Elevations – Dwg
                No. 300.02); and
           e) at (f), is consistent with the predominate character in the area.


      The proposed minor change to Unit 3, including the new stairs and landing area at the rear of Unit 3 are
      consistent with performance outcome PO12.


      Summary


      In summary, the proposed minor change will have a marginal increase in site cover (0.14%) which remains
      well below 40% and will result in a minor boundary encroachment of about 0.5m to the rear boundary for
      part of the small landing area. The proposed minor change will not result in a change to the building
      footprint other than for the rear stairs and landing area and will generally result in an overall reduction in
      GFA by about 4.5m² when calculated under the Noosa Plan 2020.


      The proposed development remains consistent with the 1985 Planning Scheme and is consistent with the
      outcomes sought under the Noosa Plan 2020, which ought to be given substantial weight.


      Change to conditions

      It is noted that under the latest Decision Notice for a previous minor change (.05), the format Council applies
      is to provide additional conditions under the most recent change made to each lot and unit.


      It is suggested having regard to the nature of the proposed changes and the existing conditions of approval
      (TPC 2832) there is no need for additional conditions other than to acknowledge the proposal plans.
      Therefore, it is requested an additional condition be included referring to the approved plans for Unit 3,
      generally as follows:




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              Additional Conditions – Specific to Lot 3 on GTP105556 – <date>


              Additional Approved Plans

              Development undertaken in accordance with this approval must generally comply with the approved
              plans of development. The approved plans are listed in the following table:

                  Plan No.      Rev.     Plan/Document Name                                         Date
                  030.01       B         Visualisations, prepared by Shaun Lockyer Architects       20.08.21
                  030.02       B         Visualisations, prepared by Shaun Lockyer Architects       20.08.21
                  100.01       B         Proposed Plan, prepared by Shaun Lockyer Architects        20.08.21
                  200.01       B         Proposed Ground Floor Plan, prepared by Shaun Lockyer      20.08.21
                                         Architects
                  200.00       B         Proposed Roof Plan, prepared by Shaun Lockyer Architects   20.08.21
                  200.01       B         Proposed Ground Floor Plan, prepared by Shaun Lockyer      20.08.21
                                         Architects
                  200.02       B         Proposed First Floor Plan, prepared by Shaun Lockyer       20.08.21
                                         Architects
                  200.03       B         Proposed Second Floor Plan, prepared by Shaun Lockyer      20.08.21
                                         Architects
                  300.01       B         Proposed Eastern Elevation and Proposed Western            20.08.21
                                         Elevation, prepared by Shaun Lockyer Architects
                  300.02       B         Proposed Northern Elevation, prepared by Shaun Lockyer     20.08.21
                                         Architects
                  300.03       B         Proposed Southern Elevation, prepared by Shaun Lockyer     20.08.21
                                         Architects
                  400.01       B         Section 1, prepared by Shaun Lockyer Architects            20.08.21
                  400.02       B         Section 2, prepared by Shaun Lockyer Architects            20.08.21
                  400.03       B         Section 3 and Section 4, prepared by Shaun Lockyer         20.08.21
                                         Architects
                  400.04       B         Section 5 and Section 6, prepared by Shaun Lockyer         20.08.21
                                         Architects


      Conclusion

      The proposed development seeks a minor change to the existing Town Planning Consent (TPC 2832) for a
      Group Housing Development (5 Units on separate allotments plus common property) for renovations and
      modifications to Unit 3. The proposed development is considered a “minor change” under section 78 of
      Planning Act 2016 as it does not result in a substantially different development, and otherwise meets the
      definition of a minor change.


      The proposal includes mostly internal modifications to the layout with a rear external stair access and small
      landing area to be provided. Within the private open space at the rear, new landscaping, paving and a




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      swimming pool is proposed to enhance the amenity of residents. The landscaped frontage to Unit 3 is also
      being improved with a new garden bed and direct access provided to the front door.


      The proposed stair landing at the rear of the development has a minor reduced building setback of about
      0.5m, which will not adversely impact upon neighbouring properties given the screening provided around
      the landing area and the proposed landscaping along the western and north boundary.


      The proposal also complies with Site Cover under the 1985 Planning Scheme in force at the time the original
      approval was granted and the Noosa Plan 2020, being less than 40% (about 32%). There is a very small
      increase in floor area (0.3m) when calculated under the 1985 Planning Scheme; however, under the Noosa
      Plan 2020 there is likely to be a net reduction in GFA (about 4.5m²) given the access between levels is not
      included. In any event, there is no physical change to the scale, bulk, and appearance of the development,
      other than making provision for rear stairs and a small landing area, which makes no material difference.


      The proposed renovations modernise and improve the look and feel of the building, which will integrate
      with the character of the surrounding development, having many similar characteristics to Unit 4, recently
      approved for renovation. The provision of a lift to all levels also improves equitable access, which is
      desirable.


      The proposed development is consistent with the key development parameters under the 1985 Planning
      Scheme and the Noosa Plan 2020, which ought to be given substantial weight in the circumstances.




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