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PLANNING REPORT other change Olaf
Development Application
Planning Report
Other Change to 23138 DA
for a Dwelling house
40 Duke Street, Sunshine Beach
Lot 2 on SP176872
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Contents
1.0 Summary ........................................................................................................................... 3
1.1 Development application details ................................................................................................3
1.2 Planning instrument details .......................................................................................................3
1.3 Referral agencies........................................................................................................................3
2.0 Site details ......................................................................................................................... 4
2.1 Site description ..........................................................................................................................4
2.2 Surrounding land uses ................................................................................................................5
3.0 Proposed development details .......................................................................................... 6
4.0 Planning assessment .......................................................................................................... 9
4.1 Other Change Assessment ..........................................................................................................9
4.2 Development Approval ..............................................................................................................9
4.3 Planning Scheme ........................................................................................................................9
5.0 State assessment and other matters ................................................................................ 10
5.1 State interests .......................................................................................................................... 10
5.1.1 Matters established in the Planning Regulation ............................................................................ 10
5.1.2 State Planning Policy ...................................................................................................................... 10
6.0 Conclusion ....................................................................................................................... 11
Client Name: Raymond Olaff
Prepared by: Jack Lewis B.Sc Hons UNSW, M.Plan OTAGO
Version: 1
Date: 16 November 2021
This report is based on the QLD Government’s planning report template (Department of
Infrastructure, Local Government and Planning), which adopts a ‘report-by-exception’ approach. The
planning report only discusses the key issues and matters where a proposed development does not
exactly meet the requirements of, or conflicts with, a planning scheme or other planning instrument.
Disclaimer: While every care has been taken in preparing this report, Pivotal Perspective Pty Ltd
accepts no responsibility for decisions or actions taken as a result of any data, information, statement
or advice, expressed or implied, contained within. To the best of our knowledge, the content was
correct at the time of publishing.
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1.0 Summary
1.1 Development application details
Proposed development: Existing Caretaker’ residence to be changed to a Dwelling
house
Type of approval sought: Other Change to Existing Approval 23138 DA
Site address: 40 Duke Street, Sunshine Beach
Real property description: Lot 2 on SP176872
Site area: 486m² (whole site)
Assessment manager: Noosa Council
Owner details: Louise Bushby
Applicant details: Raymond Olaff c/- Pivotal Perspective Pty Ltd
1.2 Planning instrument details
State planning policy: State Planning Policy 2017
Regional plan: SEQ Regional Plan 2009–2031 Urban footprint designation.
Designation:
Planning scheme: The Noosa Plan 2020
Zone: Tourist Accommodation zone
Level of assessment: Accepted development subject to requirement
Code assessment
Applicable overlays: Not Applicable
Applicable codes: Specific Acceptable Outcomes of the Tourist Accommodation
Zone Code and the Low Density Housing Code
1.3 Referral agencies
Nil
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2.0 Site details
2.1 Site description
Table 1: Site description
Site Description
characteristic
Existing land use Mixed use development consisting of shops, Food and drink outlet and
Caretaker’s residence.
Frontage and Approximately 15m to both Douglas Lane and Duke Street
access
Topography and The site slopes significantly from Douglas Lane to Duke Street, however, t
views site is fully developed, and this is not relevant to the application as only minor
building works is proposed.
Existing Approval 23138 DA (23746 DA for a change to the 4 x shops/restaurant/office on the
lower level)
Figure 1 – Aerial view of the subject site
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Figure 2 - Zone map showing the subject in green
2.2 Surrounding land uses
Table 2: Surrounding land uses
Surrounding land uses
North The site has frontage to Douglas Lane which is the back of house to many Food and
Drink outlets, Shop/Offices and across Douglas Lane are Multiple dwellings and
Dual occupancy’s.
South A wide footpath exists and across Duke Street to Multiple dwellings and diagonally
to Ed Webb Park.
East Mixed use developments generally consisting of upper floor residential and lower
floor commercial uses
West Mixed use developments generally consisting of upper floor residential and lower
floor commercial uses
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3.0 Proposed development details
Table 3: Summary of development aspects
OTHER CHANGE
Background 23138 DA approved 16 October 2003 - Shop, Commercial
Services and Caretaker’s residence.
23746 DA – approved restaurant and shops in the different
tenancies. This was a result of the planning scheme at the
time requiring code assessment for changes from shops
to restaurants in the Commercial A zone.
A combined application approved a change to 23138 DA
(original DA) for changes to the tenancy layout and a new
material change of use, 23746 DA so that these tenancies
could have alternate uses in them.
The Officers report for MCU approval 23746 DA and the
change to 23138 DA indicated a reduction of the gross
floor area of the development by 5m².
Gross floor area (GFA) Max - 0.8:1 (388.8m²) Schedule to the Planning Scheme
and Noosa Plan 2020
Existing - 0.789:1 (383.8m²)
Proposed – 0.793:1 (385.8m²)
Car parking 14 spaces
The application proposes to change the existing approved Caretakers residence into a Dwelling
house as the new owner will not be caretaking any of the non-residential uses onsite. Some minor
changes to the Dwelling house are also proposed which results in an additional 2m² of GFA. Only
minor external changes to the built form are proposed, with a copy of the approved floor plans and
elevations included below:
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Figure 3 - Proposal floor plan of changes for the Dwelling house (additions highlighted)
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Figure 4 – Current photos of the unit with the area to be enclosed highlighted
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Figure 4 — Current photos of the unit with the area to be enclosed highlighted
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4.0 Planning assessment
4.1 Other Change Assessment
A Change other than a minor change under the Planning Act 2016, allows for a change that may
result in a substantially different development. Section 82(4) of the Planning Act 2016 prescribes the
matters for assessing the deciding the change application in the context of the existing development
approval.
The Development assessment Rules provides guidance on a substantially different development.
The application is a substantially different development because it proposes to introduce a new use
onsite.
4.2 Development Approval
The proposal fully complies with the development approval. There are only minor built form changes
to the proposed Dwelling house which results in an increase of 2m² of gross floor area or a plot ratio
of 0.793:1 (385.8m2) for the whole development. This is in accordance with the planning scheme in
force at the time of the original approval and the current Noosa Plan 2020 which both require a
maximum Plot ratio of 0.8:1.
The minor change to the external built form is inconsequential and as a small wall is proposed to be
extended to accommodate a larger bathroom. The definition of Caretaker’s residence in the
superseded planning scheme sought it could be in the form of a Dwelling house as provided below
for reference.
In this instance, the proposed change to the residential premises is to ensure the residential use is
compliant with the development approval and the Planning Scheme. The proposal is similar in nature
to that already approved being a permanent residential use.
4.3 Planning Scheme
A Dwelling house is a consistent use in the Tourist accommodation zone and subject to ‘Acceptable
development subject to requirements’ as outlined in Table 5.5.4. The Table sets out the required
Acceptable Outcomes of the Tourist Accommodation Code and the Low Density housing Code for
the development to meet so as not to trigger a code assessment application.
When a development, such as the subject proposal, cannot meet the Acceptable Development
provisions, Section 5.3.3 (4)(b) indicates that assessment is limited to the subject matters required
by the Acceptable Outcomes that were not complied with or not capable of being complied with.
The following Table provides a list of the Acceptable Outcomes not complied with and assessment
against the Performance Outcome.
Tourist Accommodation Zone Code
AO11 – Site Cover for Dwelling house – 40% The proposal seeks a small roof to an existing
pergola which will not be readily noticed from
either Douglas Lane or Duke Street, as pergola
structures already exists, and the development
is well hidden.
Noting the new small, roofed area solely does
not result in the Dwelling house exceeding the
40% AO.
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Importantly the built form is part of a mixed use
development which the zone code requires a
Site Cover of 45% of which the proposal
complies with.
There will be no impact on the bulk and scale of
the development as there is only a small
extension to an existing wall proposed.
AO13.1 – Setback 1m from side boundary The proposal seeks a setback of 0m to the
eastern boundary. The wall is articulated, as it
opens to a store area and the central court and
swimming pool. The proposal does not create
any overlooking or further overshading of the
neighbouring development.
Low Density Housing Zone
AO6 – Soft landscaping is provided to a The whole development site has 10%
minimum of 20% of the site. landscaping in accordance with the
development approval requirement. There is no
change to the built form that warrants providing
additional landscaping.
AO7 – carparking is provided in accordance The Caretakers residence under the existing
with Table 9.4.1.4 of the Driveway and parking approval complied with the provision of 1 car
code which requires Dwelling houses to have 2 space. NO additional bedrooms are proposed
spaces. and therefore the potential total number of
persons on site also does not increase.
Therefore, there is no change in the generation
of car parking required.
The nature of the use is not changing, a
Caretakers residence is a permanent
accommodation use as is a Dwelling house.
The 1 car space has been sufficient for the use
since 2004 and given the nature of the use this
is sufficient for the proposed change of use to a
Dwelling house.
5.0 State assessment and other matters
5.1 State interests
5.1.1 Matters established in the Planning Regulation
Nil – Outside the Koala Assessable Development Area.
5.1.2 State Planning Policy
The SPP includes assessment benchmarks that may be applicable where a local government
planning scheme does not adequately reflect the SPP. The Noosa Plan 2020 appropriately
integrates all SPP provisions, except for Natural Hazards, risk and resilience – coastal hazards – in
part. The site is not affected by the provisions.
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6.0 Conclusion
This application seeks an Other Change to the development approval to change the approved
Caretakers residence use to a Dwelling house at 2/40 Duke Street, Sunshine Beach. The proposed
Dwelling house is a consistent use in the Tourist Accommodation Zone and is ‘Accepted
Development subject to requirement’. This report has demonstrated the proposal complies with the
development approval and the Noosa Plan 2020.
The Planning Act 2016 prescribes that a code assessment must be carried out only—
(a) against the assessment benchmarks in a categorising instrument for the development (The Noosa Plan 2020); and
(b) having regard to any matters prescribed by regulation.
Council, after carrying out the assessment—
(a) must decide to approve the application to the extent the development complies with all of the assessment benchmarks for
the development; and
(b) may decide to approve the application even if the development does not comply with some of the assessment benchmarks;
and
Examples—
1 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks.
2 An assessment manager may approve an application for development that does not comply with some of
the benchmarks if the decision resolves a conflict between the benchmarks and a referral agency’s
response.
(c) may impose development conditions on an approval; and
(d) may, to the extent the development does not comply with some or all the assessment benchmarks, decide to refuse the
application only if compliance cannot be achieved by imposing development conditions.
Example of a development condition—
a development condition that affects the way the development is carried out, or the management of uses
or works that are the natural and ordinary consequence of the development, but does not have the effect
of changing the type of development applied for
The assessment finds the development complies with the Development Approval, all the relevant
Performance Outcomes of the applicable codes. The Assessment Manager’s favourable
consideration of the above development application is therefore recommended.
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