Cover Letter - Assessment · 132003.221108.3

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The garage would present a 9.3m width to the frontage and have a depth of 7.3m. It would also have a
height of 4.7m presenting to the street and a maximum height of approximately 9.5m due to the site falling
steeply downhill away from the frontage at gradients exceeding 35%.


Figures 1 and 2 identifies the location and design of the shed




Figure 1 – Site Plan




Figure 2 – Front Elevation

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Figure 3 – Section A




Please refer to Attachment 1 - Proposal Plans for further details.


Statutory Process

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, as defined under the DA Rules,
         for the reasons detailed under Table 2 below:

         Table 1 – Substantially different development assessment
       Provisions of Schedule 1 of the DA         Response
       Rules

           (a) Involves a new use                    There is no new use proposed onsite
           (b) results in the application applying   No new parcel of land is introduced
               to a new parcel of land; or

           (c) dramatically changes the built        The proposal will involve a garage extension and not
               form in terms of scale, bulk and      dramatically change the built form in terms of scale, bulk and
               appearance; or                        appearance.


           (d) changes the ability of the            The proposal will not change the use the development or its
               proposed development to               ability to operate as intended.
               operate as intended; or
           (e) removes a component that is           No essential component of the development is proposed to be
               integral to the operation of the      removed.
               development; or

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         (f) significantly impacts on traffic     The proposal will not result in any traffic impacts.
             flow and the transport network,
             such as increasing traffic to the
             site; or



         (g) introduces new impacts or            The proposed building is centrally located on the site, well set
             increase the severity of known       back from all boundaries, and will not generate any new impacts
             impacts; or                          or increase the severity of existing impacts.
         (h) removes an incentive or offset       Does not remove an offset or incentive components of the
             component that would have            development.
             balanced a negative impact of
             the development; or
         (i)   impacts on infrastructure          There is no additional impacts on infrastructure.
               provisions.

    +    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 original application underwent public notification.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change 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.

(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 application assessed against the 1997 Strategic Plan for the Shire of Noosa.

The Noosa Plan 2020 (26 September 2025) was in effect at the time that this change application was
made.

The key development parameters from the existing approval are outlined below, followed by an
assessment of the proposed variations.

Where the proposal departs from the existing approval, assessment is required against the relevant
Probable Solution of the superseded scheme, or the corresponding Performance Outcome under the
current planning scheme.

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Table 2 - Assessment of Development Parameters (applying to entire site area)

                    1997 Strategic         The Noosa Plan           Proposal                   Compliance
                    Plan                   2020
                                           (Acceptable
                                           Outcome)
 Building height    2 storeys              2 storeys                2 storey                   x
 storeys metres     8 metres               8 metres                 9.5 metres
 Front setbacks     6m                     6m                       0m                         P
 Side setback       0m – 2.5m              0m – 2.5m                1.5m                       x


Performance Outcomes Noosa Plan 2020


Building Height - Performance Outcome PO7 of the Low Density Residential Zone Code

The proposed garage has a maximum height of approximately 9.5m above the ground level, exceeding the
acceptable outcome 8m. The encroachment above 8m in height relates to a small portion of the roof line at
the rear of the garage cause by the land falls steeply away from the road frontage at gradients exceeding
35%. While exceeding the acceptable outcome, it is submitted that the proposal complies with Performance
Outcome PO7 of the Code for the following reasons:
     a) the building will remain a low rise building and provide a building height that is consistent with the
         height of the existing dwelling, which has already been approved at a height of 10.4m and the
         predominant character of the area in that:
           i.    it will remain ‘low rise’ and 2 storeys in height;
          ii.    it is compatible with the height of the existing dwelling on the premises and
         iii.    it will be generally consistent with the height of the adjoining buildings to the west when
                 viewed from the road frontage and the character of the streetscape, which comprises of
                 large 2 storey dwellings on steeply sloping land (refer to Figure 4 - 5 below);
     b) the design, presenting a single storey to the street with a landscaped roof provides for an
         interesting and low-rise form to the streetscape and complements the surrounding area and
         beachside setting;
     c) the building will not visually dominate the street or surrounding areas for the reasons described in a)
         and b) and that the encroachments above 8m are limited to small section of the garage roof that is
         at the rear of the building (refer to Figure 3); and
     d) the proposed building will respect the scale of surrounding vegetation in that it presents a height of
         4.7m to the street frontage, being lower than the height of mature trees throughout the nearby
         streetscape;
     e) it will not unreasonably obscure views or lead to overshadowing of neighbouring properties given
         that the encroachments above 8m are limited to sections of the roof form and is adjacent to a
         garage on the adjoining property at 25 Bayview Road; and
     f) the building does not exceed 2 storeys in height.

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Figure 4 – 25 Bayview Road                              Figure 5 – 23 Bayview road


Setbacks - Performance Outcome PO9 of the Low Density Residential Zone Code

The proposed garage is built to the road boundary in lieu of 6m and provides a 1.5m setback from the
northwest side boundary lieu of 2-2.5m for those portions above 4.5m and 7.5m in height respectively. While
not meeting Acceptable Outcome AO9.1 of the Low Density Residential Zone Code, it is considered that the
proposal complies with Performance Outcome PO9 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, access to breezes, protection from
      noise, odour or artificial lighting in that the garage will not result in visual or acoustic privacy issues for
      the adjoining dwellings as it maintains a 1.5m setback to the side boundary and positioned adjacent
      to a garage on the adjoining property.
   b) the garage is a low-rise structure and would not unreasonably obstruct views or cause overlooking
      opportunities upon the private open space or habitable areas of adjoining premises which overlook
      a reserve to the east and Laguna Bay to the north;
   c) the garage will provide adequate separation from the adjoining premises in that;
             i. garages are permitted to be located on the side boundary for a length of up to 9m and a
                mean height of 3.5m; and
            ii. the proposed garage maintains a minimum setback of 1.5m from the side boundary and
                adjoins a garage to the northwest;
   d) the garage allows sufficient space for landscape buffering to be provided between the buildings,
      including a 1.5m strip along the northwest side boundary and landscaping at the front and rear of the
      site;
   e) the proposal is consistent with the predominant character of the streetscape for the following
      reasons:
             i. the character of Bayview Road generally comprises large 2-storey dwellings;
            ii. the streetscape comprises a varied building alignment to the road frontage, with there
                being a number structures within road setback including:
                 o 25 Bayview Road, which contains a double garage setback 2.6m from the road
                     boundary with Creek Road;
                 o 23 Bayview Road, which contains a double garage setback 2.9m from the road
                     boundary with Creek Road;
                 o 21 Bayview Road, which contains a double garage built to the road boundary;
                 o 19 Bayview Road, which contains a triple garage built to the road boundary; and
                 o 15 Bayview Road, which contains a pergola built to the road boundary boundary;

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            iii. the structures are existing, and the dwelling house complements, and is not inconsistent
                 with, the character of the streetscape; and
     f) the proposed garage will contribute the streetscape setting by providing a landscaped roof; and
     g) the proposal will not result in any adverse impacts on ecologically important areas such as national
        parks, waterways and wetlands.

Change to Conditions

As a result of the proposed changes, the following conditions would need to be changed:

Condition 1

Condition 1 and the list of approved plans would need to be undated to include the following:


              Plan         Rev.       Plan/Document Name                                                Date
              No.
              DA.200       A          Proposed Plan, prepared by Folar                                  31/10/25
              DA.250       A          Proposed Roof Plan, prepared by Folar                             31/10/25
              DA.300       A          Proposed North Elevation, prepared by Folar                       31/10/25
              DA.301       A          Proposed West Elevation, prepared by Folar                        31/10/25
              DA.400       A          Proposed West Elevation, prepared by Folar                        31/10/25


Condition 3

3.        Existing trees on the site and within road reserves shall be retained, except where requiring removal to
          construct the garage In this regard no vegetation shall be removed for the construction of the
          alteration and additions.

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 relevant Planning Schemes. Overall, it has
adequately been demonstrated that the proposed changes comply with the relevant
acceptable/performance outcomes of the code. 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.