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20240930-NC-Minor change request cover letter.docx
BRISBANE | SUNSHINE COAST | CENTRAL QLD KON-TIKI BUSINESS CENTRE TOWER 1, LEVEL 2, SUITE T1.209, 55 PLAZA PARADE, MAROOCHYDORE QLD 4558 JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045 30 September 2024 Job Ref: M2915P Noosa Council By Email: [email protected] Att: Georgina Schramm – Development Planner Re: Request for a minor change to a development approval being a combined approval for Material change of use of premises (Dual occupancy and office) and Operational works (Roadworks drainage landscaping, stormwater and earthworks) on land at 245 David Low Way Peregian Beach, which is described as Lot 22 on P9315 (Council ref: MCU21/0228.01 OPW21/0364.01) Dear Georgina, I refer to the development permit for a Material change of use of premises for a Dual occupancy and Office and Operational works - Roadworks drainage landscaping, stormwater and earthworks issued over the above site. In accordance with s78 of the Planning Act 2016 we hereby lodge a request to change the development approval to modify a number of conditions and general items contained within the approval package. 1. BACKGROUND The proposed request for a minor change results from a recent compliance inspection undertaken by Council prior to its endorsement of the survey plan for the completed development. Council identified that the following matters need to be suitably addressed before it can endorse (seal) the survey plan: 1. There is a Juliet-style balcony on the southern elevation of Unit 2, this results in additional site coverage. This is contrary to the approved plans. 2. The additional room/attic in Unit 2 contributes to gross floor area. This is contrary to the approved plans. 3. BAL 2 of Unit 2 has been enclosed and now contributes to gross floor area. 4. There remain stepping stones near the gate that was required to be removed as per MCU21/0228.01. 5. The Community Management Scheme includes part of the landscaped area as an exclusive use area for storage, I understand this was intended for a garden shed. This did not form part of the development application, and impacts development’s total landscaping area. Amend the CMS or otherwise lodge a minor change to capture this change. 6. The Community Management Scheme Condition 4 refers to - The Body Corporate has the right at its discretion to maintain and (if necessary) lop, top, cut down or remove any trees or other vegetation in the Scheme Land. All tree removal within the Noosa Shire is assessable development as the Shire is covered by a “protected vegetation overlay”, unless otherwise exempted development. Either remove or amend condition 4 of the CMS. 7. Condition 34 of MCU21/0228.01 requires 2 bicycles spaces to be provided and dedicated for use by those associated with the Office.
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8. On the northern side of the building there is a retractable awning over the office level, outermost projection of the
building is now within the side boundary setback.
Application History – MCU21/0228.01 & OPW21/0364
On 29 March 2022, Council decided to issue a preliminary approval for a material change of use (multiple dwelling units
and office and preliminary approval for operational works (Roadworks, drainage works, landscape, stormwater and
earthworks).
On 18 August 2022, Council decided to approve representations relating to a combined Development Permit for material
change of use of premises – dual occupancy, & office and operational works - roadwork, drainage work, landscaping,
stormwater and earthworks.
On 2 February 2024, Council decided to issue an in part minor change approval to the combined development permit for
a material change of use of premises (dual occupancy and office) and operational works – (roadwork, drainage work,
landscaping, stormwater and earthworks).
2. PROPOSED CHANGE
The proposed change seeks to include updated architectural plans which:
a) Include the new Juliet balcony and glass sliding doors to unit 2;
b) Remove the stepping stones from the landscaping area.
The proposed change requires consequential amendments to the approval conditions package.
Below are further details of our assessment of the proposed change including our responses to the compliance matters
raised by Council.:
Item 1- Juliet style balcony
Council comment: There is a Juliet-style balcony on the southern elevation of Unit 2, this results in additional site
coverage. This is contrary to the approved plans.
Response
The constructed Juliet style balcony and new sliding door for the bedroom of unit 2 on the southern side of the building
was not included on the approved plans. The sliding doors replace two long vertical windows which were shown on the
approved plans. Our client sought to include the balcony and glass sliding doors to enhance the articulation of the
southern building façade and improve cross ventilation, compared to the approved plans. Our client believed that the
proposed changes were inconsequential and only required approval via the building works approval process.
The constructed balcony does not result in any reduced setbacks nor additional GFA. Furthermore, the balcony does not
result in additional site cover as it is wholly contained within and under the approved and existing eave and roof line.
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Performance outcome PO20 of the Medium density residential zone provides:
PO20
Development:
1. provides a high level of residential amenity to users of the subject site; and
2. does not unreasonably impact on the amenity enjoyed by users of adjoining or nearby premises, including
privacy and access to sunlight.
Our assessment of the proposed change (Juliet balcony and sliding doors) against the relevant assessment benchmarks of
the Medium density residential zone code is provided below.
Acceptable outcome Compliance / Comments
AO20.1 Complies.
Buildings and structures:
1. are sited and orientated to minimise the likelihood of 1. The approved building was designed to minimise
overlooking the private open space of adjacent residential overlooking with significant setbacks provided to the
uses; neighbouring units to the south. The new balcony is
2. avoid reduction of sunlight to at least 40% of narrow (500mm to 700mm wide) and is only accessed
the private open space areas of any adjoining residences via unit 2’s bedroom. As such, the proposal has been
to less than two hours between 9:00am and 3:00pm on designed to minimise the likelihood of overlooking the
any day of the year; private open space of the neighbouring property. To
3. incorporate fencing, landscaping and screening to the extent that the balcony allows some overlooking,
mitigate impacts on adjoining residential uses. the impacts are expected to be of short duration and
intermittent, given the balcony is accessed from the
bedroom.
2. Not applicable as the constructed balcony does not
change the approved building footprint.
3. Side boundary fencing has been provided.
AO20.2 Not applicable.
Transparent doors and windows are designed and located
so they do not directly face transparent doors or windows
or the private open space areas of other dwellings within
10 metres;
AO20.3 Performance outcome.
Where windows, balconies, terraces, verandahs or decks The balcony results in potential overlooking of the private
overlook or have the potential to overlook the private open space courtyard and balcony of the neighbouring
open space of nearby properties or view into habitable units which are located approximately 7.5m from the
room windows within 10 metres: balcony.
1. windows have a sill height of not less than 1.7 However, we note that the balcony is narrow (500mm to
metres above finished floor level; 700mm wide) and is accessed via unit 2’s bedroom only
and as such is likely to be used only for brief periods
intermittently. Therefore, the impacts on the
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2. windows and other openings are permanently neighbouring property from overlooking are considered
screened to a minimum height of 1.7 metres to minor and consistent with the extent of overlooking
avoid overlooking; expected within a medium density residential
3. windows and doors use translucent glazing to environment. As such, the proposed change does not
obscure views; or unreasonably impact on the amenity enjoyed by users of
4. windows or balconies are offset by 45 degrees or adjoining premises, and therefore complies with PO20.
more. Notwithstanding, to ensure compliance with AO20.3 it is
proposed to incorporate translucent film / glazing on the
sliding doors up to a height of 1.7m. It is proposed to
include a new condition 19A to address this item (refer
discussion below). The plans have been amended
accordingly.
AO20.4 Performance outcome.
Planter boxes, screens, pergolas, landscaping and The balcony is a narrow structure, and it is therefore
architectural design of balconies are used to screen the impractical to include planter boxes, screens or
ground floor private open space of dwellings from landscaping to screen the ground level private outdoor
separate upper level dwellings. space of neighbouring units. Notwithstanding, as noted
above, the overlooking impacts on the neighbouring
property are considered minor given the nature and
expected temporal and intermittent use of the balcony.
As such, the proposed change does not unreasonably
impact on the amenity enjoyed by users of adjoining
premises, and therefore complies with PO20.
AO20.5 Not applicable
Permanently fixed external screening devices complement
the building's external materials and finishes and may
incorporate solid translucent screens, shutters, perforated
panels or trellises which have a maximum of 50%
openings.
Based on the above assessment, the proposed change complies with the acceptable outcomes and corresponding
performance outcome of the Medium density residential zone code.
Item 2 - The additional room/attic in Unit 2.
Council comments:
The additional room/attic in Unit 2 contributes to gross floor area. This is contrary to the approved plans.
Response
The storage area in the roof cavity was not identified on the approved plans. This storage area was nominated as an
exclusive use area on the proposed CMS survey plans.
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. Our client has reviewed this situation and has agreed to remove this area as an exclusive use area from the CMS package to be provided as part of the plan sealing assessment. These plans will be submitted to Council’s plan sealing team when updated accordingly. Since the ceiling storage loft is proposed to be removed from the CMS plans, the MCU proposal plans are not required to be updated in this regard. However, the floor plan has been updated to include the new bicycle spaces and Juliet style balcony (refer to Appendix C). Items 3 – Balcony 2 of Unit 2. Council comments: BAL 2 of Unit 2 has been enclosed and now contributes to gross floor area. Response We refer to the following extracts of the approved plans: Figure 1 – Images derived from the approved plan package (MCU22/0228.01) The above extracts from the approved plans refers to Balcony 2 on the southern side of unit 2 and each image shows vertical blades on the outside of the subject balcony. The principal purpose of the balcony is to accommodate the air conditioner and a clothesline for this unit. The inclusion of the vertical blades provides effective screening to the air conditioner and clothesline as required by Conditions 13 and 18 of the development permit. A copy of the existing development permit is attached (refer to Attachment D). In light of the primary purpose of this balcony, we consider that the area is exempt from the gross floor area definition (refer to extract in Item 2 above) as the area is used to accommodate “building services, plant or equipment”. In addition, the vertical screening applied to this balcony (as shown in Figure 2 below) has been provided in accordance with the approved plans (refer to Attachment E). JFP Ref: M2915P Page 5
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. Figure 2 – Image of the vertical blades over Balcony 2. Based on the above, no changes to the screening or proposal plans are considered necessary. Item 4 - Stepping stones near the gate Council comments: There remain stepping stones near the gate that was required to be removed as per MCU21/0228.01. Response The stepping stones will be removed and this has been reflected through Council annotation to the existing set of approved plans (refer to Attachment C) Item 5 – Garden shed Council comments: The Community Management Scheme includes part of the landscaped area as an exclusive use area for storage, I understand this was intended for a garden shed. This did not form part of the development application, and impacts development’s total landscaping area. Amend the CMS or otherwise lodge a minor change to capture this change. Response The client has agreed to remove the proposed garden shed and exclusive use area for storage as part of an amended Community Management Scheme (CMS). A copy of the amended CMS and exclusive use areas will be provided to the plan sealing team when updated accordingly. The proposal plans are not proposed to be amended in respect to this item. Item 6 – Vegetation protection overlay Council comments: The Community Management Scheme Condition 4 refers to - The Body Corporate has the right at its discretion to maintain and (if necessary) lop, top, cut down or remove any trees or other vegetation in the Scheme Land. All tree removal within JFP Ref: M2915P Page 6
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the Noosa Shire is assessable development as the Shire is covered by a “protected vegetation overlay”, unless otherwise
exempted development. Either remove or amend condition 4 of the CMS.
Response
It is proposed that Condition 4 of the CMS be amended to acknowledge that Council’s ‘protected vegetation overlay’
applies to the site and needs to be considered when removing any onsite vegetation. The amended CMS including an
amended condition 4 will be forwarded to Council’s plan sealing team once amended.
Item 7 - Bicycle spaces
Council comments:
Condition 34 of MCU21/0228.01 requires 2 bicycles spaces to be provided and dedicated for use by those associated with
the Office.
Response
New bicycle spaces are proposed to be provided the north east corner of the Office tenancy courtyard as per the
amended set of approved plans (Refer to Attachment C).
Item 8 - Retractable awning over the office level
Council comments:
On the northern side of the building there is a retractable awning over the office level, outermost projection of the building
is now within the side boundary setback.
Response
A review of the retractable awning on the northern side of the office tenancy has been undertaken, and we do not
believe that it constitutes a breach of the side boundary setback, which is measured from the outer most projection of
the building / structure. The definition of outer most projection is extracted below:
Outermost projection
outermost projection, of a building or structure, means the outermost part of the building or structure, other than
a part that is—
a) retractable blind; or
b) a fixed screen; or
c) a rainwater fitting; or
d) an ornamental attachment.
As outlined above, the definition clearly excludes ‘retractable blinds’, which we consider this temporary shade device to
be. The structure is light weight and not a permanent fixture of the building, as it can be easily removed. Its purpose is to
provide temporary relief to inclement weather and to facilitate the use of the outdoor private open space. When not in
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use, the shade device is retracted under the building. Accordingly, no changes are proposed to the lightweight retractable
awning.
3. REQUESTED CHANGES
To assist council with the assessment of the proposed minor change to the development approval, we have outlined the
consequential changes to the existing condition package to reflect the proposed change to development approval.
The proposed amendments to conditions are shown as strike throughs (deletions) or bold - type (additions).
Condition 1
Please amend condition 1 - When Conditions must be Complied With, to include / delete the proposal plans as outlined in
the changes below:
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/ Document Name Date
1622-DA02 08 Floor Plans, prepared by Blackburn 8 August 2022
09 Jackson 24 September
2022
1622-DA03 07 Elevations, prepared by Blackburn 8 August 2022
08 Jackson 24 September
2022
1622-DA04 07 Section, prepared by Blackburn 8 August 2022
Jackson
1622-DA05 07 Section, prepared by Blackburn 8 August 2022
Jackson
1622-DA06 07 Landscape areas plan, prepared by Blackburn 8 August 2022
Jackson
1622-DA07 07 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622-DA08 07 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622-DA09 07 Floor Plans, prepared by Blackburn 8 August 2022
Jackson
1622_L01-01_C C Landscape notes & schedule, prepared by 20 November
Blackburn Jackson 2022
(annotated by Council)
1622_L03-01_C C Landscape planting plans, prepared by Blackburn 20 November
Jackson 2022
(annotated by Council)
1622_L07-01_01 01 Landscape details, prepared by Blackburn Jackson 19 May 2022
(annotated by Council)
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New condition – 19 A
Please include new condition 19A as follows:
The upper-level glass sliding doors located on the southern side of Unit 2 must use translucent glazing up to a minimum
height of 1.7m to obscure views to nearby premises.
Comment
The south eastern façade now includes a new Juliet style balcony which incorporates a glass sliding door which was not
envisaged as part of the approved plans. The proposed condition will assist to mitigate any potential opportunities for
overlooking in accordance AO20.3 of the Medium Density Residential Zone code.
4. ASSESSMENT AGAINST APPLICABLE PROVISIONS OF THE PLANNING ACT 2016 (the Act)
In accordance with s.81 and Schedule 2 of the Act, please find below an assessment of the proposed change against the
‘minor change’ criteria of the Act.
Criteria Response
Minor change means a change that—
….
(b) for a development approval—
i) Would not result in ‘substantially different Complies refer to Table 2 below.
development’; and
ii) If a development application for the
development, including the change, were
made when the change application is made
would not cause -
a) The inclusion of prohibited
development in the application; or Complies – The proposed does not introduce prohibited
b) Referral to a referral agency, other development.
than to the chief executive, if there Complies – The proposed development does not require
were no referral agencies for the the development to be referred to a referral agency nor
development application; or additional matters prescribed by a regulation under
c) Referral to extra referral agencies, section 55(2).
other than to the chief executive; or
d) A referral agency to assess the
application against or have regard to
matters prescribed by the regulation
under section 55 (2), other than
matters the referral agency must have
assessed the application against, or
have had regard to, when the
application was made; or
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e) public notification if public
notification was not required for the Complies – The proposed amendment is minor in nature
development application. and will not trigger the requirement for public
notification.
Table 1 – ‘Minor change’ criteria (Schedule 2 - Dictionary)
The proposed change represents a minor change under Schedule 1 of the Development Assessment Rules, as the
outcome does not result in ‘substantially different’ development as outlined below.
Substantially Different Criteria Response
A change may be considered to result in a substantially different development if the proposed change:
a) involves a new use Complies – the change does not involve a new use
b) results in the application applying to a new parcel Complies – the proposed change will not result in any
of land; or new parcels of land being included as part of the
application
c) dramatically changes the built form in terms of Complies – the proposed change does not involve any
scale, bulk and appearance; or notable changes to the approved built form
d) changes the ability of the proposed development Complies – the proposed change does not change the
to operate as intended; or ability for the development to operate as intended
e) removes a component that is integral to the Complies – The proposed change does not remove a
operation of the development; or component that is integral to the development
f) significantly impacts on traffic flow and the Complies – The proposed amendments will not result in
transport network, such as increasing traffic to any additional impacts not already addressed as part of
the site; or the original approval
g) introduces new impacts or increase the severity of Complies – The proposed amendment will not result in
known impacts; or increased severity of known impacts.
h) removes an incentive or offset component that Complies – the proposed change does not remove any
would have balanced a negative impact of the incentive or offset component of the proposed
development; or development.
i) impacts on infrastructure provisions. Complies – the proposed minor change does not result in
any adverse impacts on infrastructure provisions.
Table 2 – Substantially different criteria (Schedule 1 – Development Assessment Rules)
Affected Entities
The original application was required to be referred to SARA for contaminated land (unexploded ordinances) in
accordance with Schedule 10, Part 4, Division 3, Table 1, Item 1 (10.4.3.1.1). The requirements of the referral agency
conditions have been met, and as such, this minor change does not trigger referral to any ‘affected entities’.
Summary
As demonstrated above, the proposed minor change to the existing development approval represents a minor change
under s78 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules, as the proposed change does
not result in ‘substantially different development’, require additional referral agencies or change the level of assessment,
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in the event the application were to be re-lodged. The change to approval also does not trigger any requirement for
public notification.
The applicable application fee for a minor change to a development approval – minor matters (as determined by
Manager, Development Assessment) (i.e Dual Occupancy) is $2,617.00 in accordance with Council’s fees and charges
register 2024/2025. This fee will be paid upon receipt of Council’s payment advice.
In support of our request, please find enclosed the following:
Attachment A: DA Form 5
Attachment B: Owners Consent
Attachment C: Amended architectural plans
Attachment D: Existing decision notice
Attachment E: Existing approved plans
We look forward to receiving Council’s changed approval package for this application and should you have any questions
or require any clarification on any of the above matters, please do not hesitate to contact me.
Yours faithfully,
TIMOTHY BALCOMBE
SENIOR URBAN PLANNER
JFP URBAN CONSULTANTS
CC/ - Altum Property Group Pty Ltd
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