Minor Change Report MCU17 0559 05 (As Published) · MCU17/0559.05

                         901           22   Details – Unit 16 Planter Box prepared by H4 Plan + 10.01.2024
                                            Design + Build

               4.     The landscape planter boxes, as detailed on the approved plans, must be provided to the
                      area adjacent to the rumpus room and bedroom 2 of both dwelling units (northern and
                      southern elevations). The planter boxes must not be removed.
               Applicant’s Request
               The applicant has requested existing condition 2 be amended to cross out the planter box
               associated with unit 2. Condition 5 is also requested to be deleted.
               The timber planter box along the southern façade of Unit 2 is proposed to be removed with the
               applicant citing structural deterioration, movement in the posts and sleepers, moisture
               accumulation at the slab edge and increased termite risk identified in structural and pest inspection
               reports. The applicant submits that the planter box restricts natural light and ventilation to the
               rumpus and Bedroom 2, narrows the approved side access from 1.8 m to 0.7 m which impedes
               movement (including for people with disabilities) and prevents proper inspection of building and
               termite barriers. The applicant further argues that the structure provides no meaningful landscape,
               amenity or screening benefit, is not visible from the adjoining property and diminishes the liveability
               and functionality of Unit 2.
               The applicant submits that the development was originally approved with a compliant 39% site
               cover and 0.45:1 plot ratio under the superseded Planning Scheme and argues that the downstairs
               area should continue to be treated as a ‘basement’ rather than GFA. It is contended that previous
               approvals over the site accepted this level as a basement and that a new topographic survey
               confirms the ceiling does not exceed 1 m above ground level and the building remains two storeys.
               The applicant asserts that Council’s reclassification of this level as GFA creates an artificial
               non-compliance with the former 0.45:1 plot ratio and that the planter box was introduced only to
               fabricate compliance by creating a false ground level. Further they argue that the planter box does
               not influence true ground level and that the development therefore remains compliant with the
               superseded scheme.
               The applicant further details that under the current Noosa Plan 2020 (Amendment 2) plot ratio and
               site cover are no longer applicable benchmarks for this form of development and the removal of
               the planter box does not change the approved built form and maintains compliance with all relevant
               assessment benchmarks, including the Medium Density Residential Zone Code.
               Assessment of Request
               The applicant seeks the removal of the planter boxes as prescribed in condition 2, based on the
               following grounds:
               a) The approval was assessed under the superseded planning scheme which prescribed a
                  maximum plot ratio of 0.45:1 and site cover of 40%. The current planning scheme does not
                  prescribe a plot ratio or site cover for this type of development

                    Response
                    This is incorrect. The acceptable outcomes for the medium density residential zone detail site
                    cover and plot ratio for a dwelling house. The approval seeking variation is not for a dwelling,
                    but for a duplex. The Noosa Plan 2020 Performance Outcome is applicable which prescribes
                    a plot ratio of 0.4:1 and site cover of 40% is applicable. In accounting for the lower ground level
                    and extent of lower ground that now protrudes above 1 metre NGL, the existing building has a
                    total GFA of 340sqm and a plot ratio of 0.57:1 which is considerably higher than that envisaged
                    by the Planning Scheme. The development exceeds both the nominated plot ratio under the
                    2006 Noosa Plan and the current scheme in effect.

               b) The applicant has submitted a survey plan suggesting the lower floors constitute basements
                  as they are below the surveyed ground level, that the building does not exceed 2 storeys and
                  the planter boxes do not influence ground level and creates an artificial non-compliance.

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Document Set ID: 24630994
Version: 5, Version Date: 02/06/2026