Minor Change - Planning Report · 51986.3024.03

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Table of Contents

Important Note

1. Summary

2. Background

3. Development Intent — Proposed Change

4. Planning Assessment
4.1 1985 Planning Scheme — Multiple dwellings
4.2 Minor Change

5. Conclusions

List of Figures

No table of figures entries found.

List of Tables

Table 1- Substantially different development

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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG

Strategic.

We have prepared this report for the sole purposes of Noosa Paciifc Resort ("Client") for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
("Purpose"). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or

matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
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subject of that assumption. We are not aware of any reason why any of the assumptions are

incorrect.

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the Client) ("Third Party"). The report may not contain sufficient information for the purposes of a

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e publishing, using, or relying on the facts, content, opinions, or subject matter

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1. Summary

RG Strategic has prepared this development application on behalf of Noosa Pacific Resort. The
purpose of this report is to seek approval for a Minor Change Application to the Development
Approval (51986.3024.02). This minor change relates several dwelling units located at Noosa Pacific
Resort 24 Munna Cresent, Noosaville. The lots subject of this minor change application are Lots 4, 8,
10, 13, 19, 22, 28 & 32 on BUP8454.

The application seeks to change the subject dwelling units on the lots identified above from 2

bedroom to 3 bedroom dwelling units. No additional car parking is required.

As part of the Short Stay Local Law process, it was identified that these approved dwelling unit's

dining areas have been altered and utilised as a 3’ bedroom.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and will not impact upon the amenity of the locality
or the existing carparking arrangement. Council's approval of the application is therefore sought,

subject to relevant and reasonable conditions.

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2. Background

. 51986.3024 - A development approval for Multiple dwelling 38 units was approved on 3
February 1987. NOTE: While the development approval was for 38 units, only 36 units were

constructed.

. 51986.3024.02 - A minor change to the development approval for a roof top pergola was
approved on 6 September 2021. Additional conditions 31-33 were included in the Decision

Notice.

e SSL22/040 - Correspondence from Noosa Council Short Stay Local Law dated 15 June 2023
identified the subject units were altered to include a 3% bedroom when the development

approval and building approval indicates 2 bedrooms.

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3. Development Intent — Proposed Change

The applicant is proposing a Minor Change to the existing approval 51986.3024.02. The minor
change does not require any changes to the conditions of approval, but Council may include an
additional condition to reference the new floor plans of the dwelling units as attached in Appendix
A Proposed Plans.

The intent of this application is to change the approved plans referenced in the condition 2 to
include the subject units as 3 bedroom. This report demonstrates that the change to 3 bedrooms
for the 8 referenced dwelling units does not require any additional carparking. Please refer to

Figures 1 and 2 for the existing changes to the units mentioned.

 

Figure 1 Additional 3" bedroom

 

Figure 2 Additional 3° bedroom

 

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4. Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

e The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1of the Planning Act 2016,

e The proposal is consistent with the outcomes sought by the Condition 1 of the Decision
Notice (51986.3024.02) and

e The proposal is consistent within the superseded 1985 Planning Scheme.

4.1 1985 Planning Scheme — Multiple dwellings

4.1.1 — Use Definition

The development is subject to the conditions of the development approval for the life of the
development. Condition 1 indicates the multiple dwellings must be used in accordance with the

Interpretation (definitions) in the 1985 Planning Scheme. Condition 1 reads as follows-

1. Compliance with all relevant provisions of the Town Planning Scheme, Chapter XLIV (Town

Planning) and other Council Policies,

Chapter XLIV is several Chapters in the 1985 Planning Scheme of which one relates to the definitions,
other relate to constraints and existing non-conforming uses. However, the definitions are important

in this instance.
Multiple dwelling are defined in the superseded planning scheme as-

Multiple dwelling-A building comprising dwelling units together with such area, if any, as is
necessarily incidental to more than one of those units. The term includes an attached dwelling but
does not include an accommodation building, caretakers' residence or converted house as herein
defined. Any use for the purpose of a multiple dwelling includes the use. Not being for a purpose
elsewhere specifically defined in this clause, of any land and any outbuilding or other structure within
the curtilage of such building being ancillary to the enjoyment of those dwelling units as a building

for residential use and any erection for that purpose shall be likewise construed;
Dwelling units are defined as-

Dwelling unit -Any part of a building used or intended for use as a self-contained dwelling place for

the exclusive use of one family;

The units subject of this application are used in accordance with Condition 1 of the approval as the
they are operating as dwelling units (as approved) and therefore strictly Multiple as defined by the

1985 Planning Scheme.

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4.1.2 — Carparking

Given the units are operating in accordance with the approval and the 1985 Planning scheme, the
carparking rate should also apply (for the life of the development). Under the 1985 Planning Scheme

the carparking rate for Multiple dwellings is as follows in the Table below —

 

TABLE

 

Development Minimum Parking Spaces

 

Accommoaation Building, Group Housing) (a) One covered parking space for each
Development and Multiple Dwelling accommodation unitor dwelling unit plus uncovered
visitor spaces at the rate of one space for each four

Note: handwritten words converted to}

text by author. units or part thereof; plus, one parking space on-site
for the accommodation of boats and trailers where

the Council considers this to be necessary.

(b) If access to the subject land is from a cul-de-sac,
dead end road or split level road less than 250 m in
length or from an arterial road; one additional parking
space per every four accommodation units or dwelling

units or part thereof.

 

 

 

 

As identified above, the car parking of the 1985 Planning Scheme only requires 1 space per dwelling
unit, regardless of the number of bedrooms. The subject units are operated in strictly in accordance

with the definition of Multiple dwelling under the 1985 Planning Scheme.

Given that each dwelling unit requires only 1 car space, and that space has been provided as part
of the original development, no change to the car parking arrangement on site is required. Please
refer to Figures 3 and 4 for the current car parking. The development fully complies with the

approval without any additional car parking required.

Importantly, it would be inconsistent with the development approval for Council to apply the Noosa
Plan 2020 car parking rate to the development if the uses are complying with the conditions of

approval and the planning scheme in force at the time of the original approval.

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Figure 3 Car parking

 

Figure 4 Car parking

 

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4.2 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means 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, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the

application was made; or

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

application.

In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the

Development Assessment Rules, is provided in Table 1 below:

 

‘Substantially different’

development Comment

 

Involves a new use The development is approved as Multiple dwellings which at
the time of the original approval permitted each dwelling
unit to be used for either permanent or short term
accommodation interchangeably for the life of the
development. The resort is operating in accordance with

the approval. No new use is introduced.

 

Results in the application
applying to a new parcel of
land

No new land is applied over as part of this change

application.

 

Dramatically changes the built
form in terms of scale, bulk, and
appearance

No change to the built form only a small internal layout

change has happened.

 

Changes the ability of the
proposal to operate as intended

 

 

The multiple dwellings operate as short term

accommodation in accordance with the approved
definition of Multiple dwelling under the 1985 Planning

Scheme.

 

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Planning Report — Minor Change Application

 

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‘Substantially different’
development

Comment

 

Removes a component that is
integral to the operation of the
development

Not applicable

 

Significantly impacts on traffic
flow and the transport network,
such as increasing traffic to the
site

The development operates as a holiday resort and the extra
bedroom per dwelling unit does not trigger any additional
car parking and therefore no new impacts on traffic will
occur. Noting that many visitors use public transport, and
the resort is centrally located close to bus routes and the

Noosa River ferry.

 

Introduces new impacts or
increases the severity of known
impacts

No new impacts will occur.

 

Removes an incentive or offset
component that would have
balanced a negative impact of
the development

Not applicable

 

Impacts on infrastructure
provisions

 

 

The proposed Minor Change will not impact upon any

infrastructure network.

 

5. Conclusions

As demonstrated above, the proposal complies with the definition of a Minor Change and is

consistent with the intent of the original approval and the 1985 Planning Scheme which seeks only

one car space per dwelling unit regardless of the number of bedrooms.

This report demonstrates that the proposed development is permitted pursuant to the provisions of

the Planning Act 2016 and the superseded 1985 Planning Scheme on the following grounds:

e The development operates in accordance with the approval, in particular Condition 1;

e The subject units are operated strictly in accordance with the definition of Multiple dwellings

and Dwelling units outlined in the 1985 Planning Scheme, the scheme in force at the time of

the original approval;

e =Carparking fully complies with the rate identified in the 1985 Planning Scheme; and

e No external impacts will occur, given the units exist and have been used as 3 bedroom units

for an extended period with no adverse impacts.

Approval of the proposed Minor Change is recommended.

We look forward to Council processing the application at its earliest convenience. Should you

require any additional information or have any queries please to not hesitate to contact us.

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