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Minor Change Report 51984 3164 01 · 51984.3164.01
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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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.
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