Council archive · source document
Changes application for Council · 51987.2900.1
Attached to the e-mail Change Application - 51987.2900.1 (TPC1969).
Council Reference: TPC1969
Our Reference: 2242 - JL
Our Contact: Jack Lewis
25 August 2017
Noosa Council
PO Box 141,
Tewantin QLD
[email protected]
ATTENTION: DEVELOPMENT ASSESSMENT
RE: APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
TOWN PLANNING CONSENT (TPC1969) FOR ACCOMMODATION BUILDINGS IN
CONJUNCTION WITH THE APOLLONIAN HOTEL SITUATED AT 19 LAGUNA STREET,
BOREEN POINT (LOT 22 RP839106)
The application seeks a minor change to the existing town planning consent (TPC1969) for an
accommodation building, situated at 19 Laguna Street, Boreen Point (Apollonian Hotel). The proposed
changes involve the construction of a new deck and verandah around the existing accommodation building,
and the relocation of the manager’s residence and office.
The following report provides a detailed description of the site, background, proposal and assessment of the
request under the Planning Act 2016.
Site Description
The Apollonian Hotel and accommodation building is located on the southern side of Laguna Street, which
is the entrance road to the town of Boreen Point. The iconic hotel was relocated from Gympie to the site in
1989. The site is 1.42ha in size and includes a large grass area in front of the hotel, as well as a gravel
sealed carpark located between the accommodation building and the hotel. The site includes numerous
large trees, surrounding the hotel, accommodation building and carpark.
The site adjoins road reserve on all sides including:
- Teewah Road to the south, which is currently unformed and vegetated. On the other side of the
road reserve (1692 Louis Bazzo Rd) are the Boreeen Point sports fields.
- Hector Street to the east, with detached houses on the other side of the road.
- Laguna Street to the north, with detached houses on the other side of the road.
- A 6m wide pathway to the west, between the existing detached houses at 15 & 17 Laguna Street.
Under the Noosa Plan, the site is located within the Boreen Point, Kin Kin and Cootharaba Locality and is
zoned Village Mix. The Biodiversity Overlay (Environmental Protection and Enhancement) covers the
southern boundary of the site.
The Locality Map and site photo of the existing accommodation building is included below.
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Figure 1 – Locality Map (site area 18,180m2)
Figure 2 – Site Photo looking south east at the accommodation buildings
Background
In 1989, Council approved a town planning consent for a hotel and accommodation buildings at 19 Laguna
Street, Boreen Point. A copy of the TPC1969 and approved plans is attached to the application.
On the 2 November 1989, Council approved to modify TPC1969 by amending the site layout - only
including one accommodation building to the west of the hotel. At the time, the manager’s accommodation
building was located to the south east of the the hotel.
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Figure 2 – Approved Layout Plans (provided by Council)
Proposal
The applicant proposes to extend the verandah around the existing accommodation buildings to provide
disabled access and thoroughfare to the existing amenities and kitchen.
The existing manager’s residence is currently located to the south east of the hotel, with the office located
inside the hotel. The design relocates the existing residence closer to the accommodation building, so as to
more appropriately manage and serve the accommodation building. There is no vegetation required to be
removed as part of the application.
A copy of the proposed plan and picture of the southern side of the accommodation building included below.
A full copy of the proposed plans including elevations is attached to the application.
Figure 3 – Proposed Layout Plans
Figure 4 – Site photos looking east and north at the existing accommodation building and amenities block.
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The applicant seeks to change the approved plans to the Proposed Layout Plans. It is not necessary to
amend any other conditions of the TPC1969 approval.
Planning Act 2016
Section 78 of the Planning Act 2016 allows for a change to an existing development approval. The
changes can either be either minor changes or other changes as provided for in sections 81 and 82 of
the Act. A minor change is defined as:
minor change means a change that—
(b) for a development approval—
(i) would not result in substantially different development; and
(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; or
(B) referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(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; or
(E) public notification if public notification was not required for the development
application.
The proposed changes to the development approval meet the relevant tests for a minor change as
detailed below.
(i) would not result in a substantially different development –
The proposed changes do not result in a substantially different development as the
changes do not:
involve a new use with additional impacts;
apply to a new parcel of land;
dramatically change the approved layout;
have significantly greater impacts on traffic flow;
introduce new impacts or increase the severity of known impacts; and/or
impact on infrastructure provision.
(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; or
The proposed changes do not include any prohibited development.
(B) referral to a referral agency, other than to the chief executive, if there were no referral
agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(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; or
There were no referral agencies for the original application and there would be no
referral agencies if a development application including the change were remade now.
(E) public notification if public notification was not required for the development application.
Public notification was required for the original development application and would be
required if a development application including the change were remade now, therefore
this remains unchanged.
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Assessing and Deciding Request for Change
Section 81(2) and (3) of the Planning Act 2016 specifies what the responsible entity must consider
when assessing and deciding applications for minor changes:
(2) When assessing the change application, the responsible entity must consider—
(a) the information the applicant included with the application; and
(b) if the responsible entity is the assessment manager and submissions were properly
made about the development application—the submissions; and
(c) any pre-request response notice or response notice given in relation to the change
application; and
(d) all matters the responsible entity would or may assess against or have regard to, if the
change application were a development application; and
(e) another matter that the responsible entity considers relevant.
(3) For subsection (2)(d), the responsible entity—
(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.
If an application for accommodation buildings were to be remade today under The Noosa Plan, the
approved uses would be defined as Visitor Accommodation Type 4 (accommodation buildings, including
manager’s unit) and Entertainment & Dining Business Type 3 (Hotel pub). Both uses are consistent on the
site, subject to impact assessment.
The relevant Overall Outcomes for the Village Mix Zone seek for buildings and other works of a scale and
form consistent with the rural setting and village context within which they are located, and contribute
positively to the streetscape character. The following table outlines the key technical provisions of The
Noosa Plan compared with the existing development and proposed changes.
Assessment of changes
Technical The Noosa Plan Existing Proposal Compliance
Provision
Setbacks Village Mix zone 14.5m to Hector St; 3.0m to Hector The proposed additions do
Frontage – no setback and St, not strictly accord to the 6m
required for the ground 1.5m to the pathway setback requirement to the
floor and 2m for the first along the western Hector St frontage.
floor. boundary The site is surrounded by
road frontage on all four
Exceptions for Visitor sides. The Hector St frontage
Accommodation Type 4 – is an unformed road reserve
Frontage 6m; and that is heavily vegetated. The
other boundaries 3m for additions maintain the visual
buildings 4.5m to 7.5m continuity and pattern of
buildings and landscape
elements on the site,
consistent with the Specific
Outcomes Locality Code.
Height 1 storey and 8 metres 1 storey and <8m 1 storey and <8m Complies
Plot Ratio 1.0:1, within extensively The existing buildings The additional Complies
landscaped setting, with cover an area of manager’s unit
access from Laguna St approximately 950m2 and office
only. over the 1.42 ha site. represents an
additional 46m2
Roof Form Min 12 degrees and min. The existing The proposed The proposed office and
600mm eaves to 75% of accommodation 21m2 office and single bedroom manager’s
building. building includes a 25 35m2 manager’s residence are new buildings
degree pitch and residence with a large verandah eave
eaves around the includes a 5 and a 5 degree roof pitch
entire building. degree roof pitch sloping to the south. The
and a 1.3m buildings are more than 55m
eave/deck to the away from Laguna Street and
northern façade. present as individual buildings
that do not mimick the
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existing relocated dwellings
on the site.
The new deck area connects
the old and new buildings
which do not detract from the
main accommodation
building.
Building Mix of textured external Weatherboard Haridflex sheet The proposed buildings are
Materials cladding and corrugated cladding with cladding and appropriately located so as
iron roofs. corrugated iron roof. colourbond roof. not to detract from the
existing accommodation
building. The small buildings
include a large deck area
connecting to the existing
visitor accommodation
buildings and replace an
existing caravan. The
proposed buildings are small
scale, which uses materials
and finishes that integrate
with the surrounding natural
landscape.
Conclusion
The proposed additions to the existing accommodation building provide for a new verandah around the
existing accommodation building, and the relocation of the manager’s residence and office. Considering
the small scale of the works located next to the existing accommodation building associated with the
existing use, the proposed development meets the relevant tests for assessment as a minor change.
The accommodation building is a consistent use for the site and the proposed changes comply with the
Specific and Overall Outcomes sought by The Noosa Plan provisions for the Appollonian Hotel site. The
Assessment Manager’s favorable consideration of the above development application is therefore
recommended.
Please contact our Sunshine Coast office if you require any further information and/or clarification with
respect to the above application.
Yours faithfully,
Jack Lewis
Senior Planner
martoo consulting pty. ltd
Used in these records
Changes application for Council.pdfRelated documentApplication case desk ↗
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