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Minor Change Report 51984 3164 01 · 51984.3164.01

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Development Planner, Samuel Osakwe
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   51984.3164.01

                  Development Approval              Town Planning Consent Permit for multiple dwelling – 28 units

                  Applicant                         James Kennard, Elizabeth Helen Kennard, Kerri-Ann Margaret
                                                    Charlton, Alan Starkey & Associates, Samuel Murray Charlton,
                                                    Sally Elizabeth Kelaher, Hazgem P/L TTE and Sara Jane
                                                    Paton

                  Request Received On               24 January 2024

                  Report Reviewed By                Andrew Gaffney – 22 January 2025

                  Decision Due Date                 22 February 2024


                  PROPERTY DETAILS

                  Property Address                  33/17 Natasha Ave Noosa Heads
                                                    34/17 Natasha Ave Noosa Heads
                                                    37/17 Natasha Ave Noosa Heads
                                                    38/17 Natasha Ave Noosa Heads
                                                    40/17 Natasha Ave Noosa Heads

                  RP Description                    Lots 19 - 23 BUP 8432

                  Land Area                         -

                  Existing Use of Land              Multiple Dwelling – Noosa Crest


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              High Density Residential
                                                    Environmental Management & Conservation

                  Precinct                          Not applicable

                  Local Area Plan                   Noosa Heads Local Plan Area

                  Overlays                          Land Subject to Acid Sulfate Soils


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Document Set ID: 23093354
Version: 8, Version Date: 30/01/2025
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                                                Biodiversity, Waterways & Wetlands
                                                Bushfire Hazard
                                                Landslide Hazard

                    Assessment Type             Minor Change to Development Approval



               1.     PROPOSAL
               The applicant seeks approval to change an existing development approval for a multiple dwelling
               development of 28 units for 17 Natasha Avenue, Noosa Heads. The proposed change is for
               covered roof terrace areas for units on lots 19 – 23 which the applicant submits was constructed
               at the time of the original development approval. The roof terrace areas include roofing and
               enclosing the southern portion of the approved roof terrace to include a rumpus room, bar and
               amenities and adding a shade sail to the north of the stair well.
               The locality and proposal plans are included below.




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                                       Figure 1 – Locality




                                       Figure 2 – Site Plan




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                                       Figure 3 – Typical Floor Plan




                                           Figure 4 – Elevation




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               2.     BACKGROUND
               On 21 November 1984, Council approved application TPC 1694 for Multiple dwellings (28 units)
               subject to conditions.




                                                     Figure 5 – Approved Plans

               A condtiion of approval also included the following:



               Council’s policy at the time of the approval relating to rooftop terrace and landscape areas is not
               available for review, but it is noted that the 1973 planning scheme contained no requirements for
               rooftop terraces or gross floor area.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
               •      State Planning Policy;
               •      South East Queensland Regional Plan;
               •      Planning Regulation 2017; and
               •      The Noosa Plan 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
               •      the development would not result in substantially different development;
               •      the change does not include prohibited development;
               •      the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;
               •      where the original application was code assessable, the change would not cause the
                      application to become impact assessable.


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               3.3. Statutory Instruments – Planning Scheme
               Pursuant to the Planning Act 2016, Council must consider the planning scheme (1973 Town
               Planning Scheme) in place at the time of the original development application but may give weight
               to the current planning scheme where appropriate in the circumstances.
               The following codes from the Noosa Plan 2020 are most applicable to this proposed change:
               •      High Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy & Multiple Delling Code;
               The enclosed rooftop terraces for the 5 units raises no particular issues under the 1973 planning
               scheme as the enclosures do not increase the allowable site cover, building height or density, with
               no gross floor area requirement applicable at the time. The enclosed area would also have not
               generated any additional onsite car parking under the 1973 planning scheme.
               However, the Noosa Plan 2020 includes changed and additional requirements for multiple
               dwellings on the site that should be considered as part of the proposed change including:
               •    a maximum building height of 3 storeys and 12m;
               •    a plot ratio of 0.6:1 for sites over 7,000m2; and
               •    a minimum of 2 covered spaces per dwelling and 1 visitor space per 4 dwellings.
               Building height
               In terms of building height, while the changes will result in the development being 4 storeys, the
               proposed works comply with AO5.1 and AO5.2 of the High Density Residential Zone Code
               maximum height of 12 metres, with the development set generally low into the site.
               The presentation of the existing building façade when viewed from Natasha Avenue includes a
               limited palette of building materials and large areas of unarticulated wall (Fig 6). Ground level
               landscaping is in poor condition with the use of smaller plants which does not assist with visually
               reducing the presentation of building bulk and scale.
               It is recommended that amended plans are submitted which address improving the articulation of
               the façade and landscaping quality.




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                                            Figure 6 – Exiisitng Natasha Street elevation

               Plot Ratio
               The proposed increase in plot ratio amounts to approximately 50m2 (an additional 250m2 in total)
               for each enclosed rooftop terrace. While the approved gross floor area is unknown, based on a
               desktop review of the plans and the site’s large area, it is expected that the development would be
               well under the maximum plot ratio allowable for the site.
               Car Parking
               Under the Noosa Plan 2020 the proposed multiple dwelling would require 28 additional covered
               car parking spaces compared with the 1973 planning scheme of 1 covered space per unit and 1
               visitor space per 4 dwellings. This is particularly relevant as the enclosed rooftop terrace area is
               presently used as bedrooms and therefore will result in an increase in car parking demand.
               It is impractical to provide additional parking on site for the 5 units given the development was
               established about 40 years ago. It is also considered unreasonable to require the works to be
               demolished given that the works were constructed at the time of the original development approval
               and so have been in place for a considerable period without complaint.
               A condition is therefore recommended requiring that the enclosed area is not to be used as a
               bedroom which will address any additional parking demand.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed changes generally comply with the requirements of the planning scheme and do not
               raise any significant issues that cannot be addressed by reasonable and relevant conditions. The
               application is therefore recommended for approval.
               The report is provided in accordance with Section 83(9) of the Planning Act 2016.

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               RECOMMENDATION
               With regard to Application No. 51984.3164.01, to make a minor change to an existing approval for
               Multiple Dwelling – 28 units situated at 33, 34, 37, 38 & 40 / 17 Natasha Ave Noosa Heads
               described as, Council on 9 July 2024 decided to:
               A.     Approve the change.
               B.     Include additional condition 47 and 48.
               47.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the table below.

                         Plan No.           Rev.     Plan/Document Name                          Date

                         Units 33, 44, 37, 38 & 40

                         A202               A        As is Site Plan prepared by Collins Building 28/01/2022
                                                     Designs
                                                     As annotated by Noosa Council

                         A301               A        Tce 19 Existing & Proposed Floor Plan 28/01/2022
                                                     prepared by Collins Building Designs
                                                     As annotated by Noosa Council

                         A302               A        Tce 20 Existing & Proposed Floor Plan 28/01/2022
                                                     prepared by Collins Building Designs
                                                     As annotated by Noosa Council

                         A303               A        Tce 21 Existing & Proposed Floor Plan 28/01/2022
                                                     prepared by Collins Building Designs
                                                     As annotated by Noosa Council

                         A304               A        Tce 22 Existing & Proposed Floor Plan 28/01/2022
                                                     prepared by Collins Building Designs
                                                     As annotated by Noosa Council

                         A305               A        Tce 23 Existing & Proposed Floor Plan 28/01/2022
                                                     prepared by Collins Building Designs
                                                     As annotated by Noosa Council

                         A401,         A402, A       Elevations prepared by Collins Building 28/01/2022
                         A403,         A404,         Designs
                         A405,

                         A501,         A502, A       Sections prepared by Collins Building 28/01/2022
                         A503,         A504,         Designs
                         A505

                      The following plans require amendment.

                         Plan No.            Rev.    Plan/Document Name                          Date

                         A406                        Elevations prepared by Collins Building 28/01/2022
                                                     Designs


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                         Amendments       The elevation is required to be amended to include applied
                                          architectural finishes across levels 2 & 3 to reduce the perception of
                                          building height when viewed from the Natasha Avenue Road reserve
                                          and to minimise the extent of the austere building elevation fronting
                                          the street. The elevation shall identify materials, finishes and colours
                                          intended to be used.

                      Nature of Approved Use
               48.    The rumpus rooms must not be used as a bedroom at any time.




                                                                                                      Page 9 of 9

Document Set ID: 23093354
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