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Minor Change Report 51987 2949 6 · 51987.2949.6

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               APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
               Author                  Graduate Development Planner, Jada Lyons
                                       Development Assessment



                  APPLICATION DETAILS

                  Application No.                   51987.2949.6

                  Development Approval              TPC 1920 – Multiple Dwelling (24 Units)

                  Applicant                         Geoffrey Michael Collinson

                  Request Received On               24 March 2023

                  Report Reviewed By                Nadine Gorton 3.05.2023


                  PROPERTY DETAILS

                  Property Address                  Number 1 19/1 Morwong Dr Noosa Heads Qld 4567

                  RP Description                    Lot 19 BUP 9411

                  Land Area                         4,361m2

                  Existing Use of Land              Multiple Dwelling


                  STATUTORY DETAILS

                  SEQRP Designation                 Urban Footprint

                  Zone                              High Density Residential Zone

                  Precinct                          Not applicable

                  Local Area Plan                   Noosa Heads

                  Overlays                          Land Subject to Acid Sulfate Soils Overlay
                                                       • Above 5 metres AHD to 20 metres AHD
                                                    Bushfire Hazard Overlay
                                                       • Potential Impact Buffer
                                                    Landslide Hazard Overlay
                                                       • High Hazard Area
                                                    Moderate Hazard Area

                  Assessment Type                   Minor Change to Town Planning Consent Permit




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               1.     PROPOSAL
               The applicant seeks approval to change an existing development approval to make internal
               changes and enclose a portion of the balcony of Unit 19 to make the living and dining areas a more
               regular shape. The proposed alterations also include the replacement of the existing retractable
               awning on the balcony. The applicant has provided the following regarding the proposal:
                      The proposed minor change application seeks an approval to make additions and alterations
                      associated with Unit 19. The additions and alterations will include enclosing a small portion
                      of the balcony area located under the balcony of the unit above. The purpose of the addition
                      is to create a more rectilinear, usable space within the unit. It would allow sufficient space for
                      a six seater dining table, study nook and larger bedroom. The changes will increase the gross
                      floor area of the Unit 19 by 19m2.
               The proposed alterations will not result in any change to the approved site cover of the
               development.
               The locality and proposal plan are included below.




                                                           Figure 1 – Locality




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                                       Figure 2 – Site Plan




                                       Figure 3 – Floor Plan




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                                       Figure 4 – 3D Render




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                                       Figure 5 – 3D Render




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                                       Figure 6 – 3D Render




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                                                        Figure 7 – Sections


               2.     BACKGROUND
               A Town Planning Consent 51987.2949 (TPC 1920) was issued on 15 September 1987 for 24
               Multiple Dwelling units, office and ancillary facilities.
               A change to the approval was granted on 16 February 1988 to modify the height of the side walls.
               A letter dated 26 June 1995 indicated that the installation of a short range lift, walkway, fabric
               awning and other improvements were considered generally in accordance with the approved plans.
               On 28 March 2003 a change to the existing approval was granted for extensions to the swimming
               pool deck, improvements to the entrance and stairs.
               On 30 December 2010 a change to the approval 51987.2949.2 was granted which permitted the
               relocation of the gym to beneath the inclinators and to refurbish the former gym area to provide a
               transit lounge.
               On 11 October 2013 a further change to the approval 51987.2949.3 was granted to enclose an
               existing foyer and void area to create an additional 2 bedrooms for the 3 level penthouse unit. This
               resulted in an additional 30m2 of Gross Floor Area.
               On 21 May 2020 a retrospective change was approved to Unit 2 which granted the conversion of
               1 x 2 bedroom unit into 2 x 1 bedroom units. Internal works associated with the approved change
               resulted in an additional 36m2 of gross floor area which included removing internal stairs and
               constructing roofed and enclosed stairs within common property. The change also included the
               requirement for the creation of one carparking space.
               On 27 April 2023 a change to 51987.2949.4 was approved for Unit 2 to convert it from the
               previously approved 2 x 1 bedroom units back to 1 x 2 bedroom unit and convert a portion of the
               unit space into common property. The change did not involve any modification to the approved
               gross floor area or site cover. The change also removed the requirement for the creation of a further
               carparking space.




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               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 as it will not change
                      the use of the original approval and will not increase the scale of the 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.
               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to this development:
               •      High Density Residential Zone Code;
               •      Noosa Heads Local Plan Code;
               •      Dual Occupancy and Multiple Dwelling Code;
               •      Works Codes.


               Gross Floor Area/Plot Ratio
               Superseded Planning Scheme
               The proposal exceeded the maximum GFA permitted for the site under the superseded planning
               scheme. When the proposal was approved the site was zoned Residential Low density and
               exceeded the maximum GFA (max. 2140m²) for that zoning, however, prior to that zoning the land
               was zoned Residential ‘B’ which permitted a greater GFA (3568m²) and there had been a previous
               approval over the site for a much larger development. The proposal GFA was 3120m², 448m²
               under the Residential ‘B’ maximum GFA. The proposal was seen to be a compromise between the
               2 zoning provisions and the planners report provides the following grounds to support the proposal
               despite the conflict with the scheme:
                    1. The site is constrained by slope such that a larger building is necessary to enable a viable
                        construction.
                     2. The site was previously zoned Residential ‘B’ which permitted larger developments up to 3
                        storeys. The subject proposal is 3 storey in part only.
                     3. A previous approval provided for 44 x 2 bedroom units




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               Noosa Plan
               The proposed alterations to Unit 19 will result in an additional 19m2 of gross floor area to total
               120m2. The existing development currently exceeds plot ratio and gross floor area requirements
               as outlined in the High Density Residential Zone Code and as such does not comply with
               Performance Outcome PO8. Performance Outcome PO8 requires that plot ratio does not exceed
               0.65:1.
               The existing development currently exceeds plot ratio requirements at 0.731:1, and the proposed
               change will result in a plot ratio of 0.735:1. It is considered that the change to plot ratio of 0.004 is
               inconsequential and will not alter the scale of the existing development.
               As the proposal does not comply with Performance Outcome PO8, consideration against the
               overall outcomes of the High Density Residential Zone Code is required.

                Overall Outcome                                     Comment

                 a) High density residential neighbourhoods Complies – the subject site is used for a mix of
                    are predominately home to permanent permanent residential and short term
                    residents.                              accommodation. The proposal will not change
                                                            the current use of the site.

                b) The character of high density residential        Complies – the character of the multiple
                   neighbourhoods varies due to factors such        dwelling will remain complementary to the
                   as proximity to beaches, the Noosa River,        beachside character of the area. The proposed
                   centres, topography, availability of views,      additions will not be perceivable from the
                   the established vegetated character, the         external boundaries of the site.
                   age of development and open space
                   provision.

                c) The distinct look and feel of existing           Complies – the proposal will maintain the
                   residential neighbourhoods is retained, and      predominant character of the area and the
                   development makes a positive contribution        existing multiple dwelling, which has been
                   to the streetscape by maintaining the            designed to step up the sloping hillside and is
                   predominant character of the area and            set amongst well landscaped surrounds.
                   providing well designed buildings and
                   landscaping.

                d) New uses are located, designed and N/A – the proposal does not involve a new use
                   managed to be compatible with surrounding
                   uses.

                 e) The intrusion of incompatible uses, or uses N/A – the proposal does not involve a
                    which      are      more      appropriately compatible use
                    accommodated in other zones is avoided to
                    protect land for higher density attached
                    housing.

                 f) Multiple dwellings of various sizes and Complies – the proposal includes minor
                    some communal housing models, to the changes to an existing unit and will improve the
                    exclusion of dual occupancy and dwelling layout and usability of the unit for its occupants.
                    houses, are provided to meet the needs of
                    different households.

                g) Development caters for both the current N/A – the unit will remain accessible for a range
                   and projected demographic, economic and of demographics
                   social profile of the area, including one and
                   two-person households, households on low

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                    to moderate incomes and residents with
                    reduced mobility.

                h) Small multiple dwellings are integrated N/A – the proposal does not involve small
                   within the high density residential built form dwellings
                   to increase housing choice.
                 i) Home-based businesses allow residents to
                                                                   N/A – the proposal does not involve a home-
                    operate discreet businesses which are
                                                                   based business use
                    compatible with high density living and the
                    residential character and amenity of the
                    surrounding area.
                 j) Short-term visitor accommodation is
                                                                   Complies – the subject site is used for a mix of
                    predominately provided through well-
                                                                   permanent residential and short term
                    established resorts and holiday units.
                                                                   accommodation. The proposal will not change
                                                                   the current use of the site.
                k) Development maintains a high level of
                                                                   Complies – the proposed changes will maintain
                   residential amenity having regard to traffic,
                                                                   a high level of residential amenity for its
                   noise, dust, odour, lighting and other
                                                                   occupants and surrounding properties
                   locally specific impacts.
                l) Development provides for an efficient
                                                                   Complies – the proposed changes will maintain
                   pattern of land use and infrastructure that
                                                                   an efficient pattern of land use, involving a
                   creates walkable and legible residential
                                                                   multiple dwelling that is located within a highly
                   neighbourhoods that integrate with active
                                                                   walkable and well-connected area.
                   transport networks and are well connected
                   to activity centres, employment nodes,
                   open space and recreational areas,
                   community facilities and educational
                   opportunities.
                m) Development is supported by appropriate
                                                                   Complies – the multiple dwelling is serviced by
                   infrastructure and essential services and
                                                                   all essential urban infrastructure and services.
                   does not adversely impact on the
                   continued operation, viability and
                   maintenance of existing infrastructure or
                   compromise future provision of planned
                   infrastructure.
                n) Development responds to land constraints
                                                                   Complies – the proposed change is within the
                   including topography, bushfire and flood.
                                                                   plan area of an existing unit and adequately
                                                                   responds to land constraints.
                 o) Natural features such as creeks, gullies,
                                                                   Complies – the proposed change will have no
                    waterways, wetlands, vegetation and
                                                                   impacts on natural features including creeks,
                    bushland are retained and protected from
                                                                   gullies, waterways, wetlands, vegetation and
                    the impacts of development and any
                                                                   bushland.
                    unavoidable impacts are minimised
                    through location, design, operation and
                    management requirements.
                 p) Native vegetation between buildings and in
                                                                   Complies – the development will maintain
                    the public realm enhances the amenity and
                                                                   native vegetation throughout the site.
                    supports local wildlife.
               A site inspection confirmed that the proposed alterations will not be visible from the street or from
               neighbouring units. The portion of the balcony to be enclosed sits underneath the unit above and
               as such will not be visible to units that sit above. It is considered that the increase in gross floor
               area will not impact on the visual or acoustic amenity of neighbouring units or properties and will
               not impact on the streetscape of the area.

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                                       Figure 8 – View from Hastings Street to Subject Site




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                                        Figure 9 – View from Morwong Drive to Subject Site



               The proposed alterations to unit 19 are supported.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does 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 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. 51987.2949.6, to make a minor change to an existing approval for
               Multiple Dwellings (24 Units) situated at Number 1 19/1 Morwong Dr Noosa Heads Qld 4567
               described as Lot 19 BUP 9411, Council on 2 May 2023 decided to:
               A.     Approve the change.

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               B.     Amend condition 56 to read as follows:
               56.    Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans. The approved plans are listed in the following table and may be
                      amended by these conditions and annotations on the plans:

                         Plan No.         Rev Plan Name                                              Date

                                                 Minor   Change      Application  to   Existing
                         D-02426-04-A     -      Development Approval TPC1920, prepared by 21/12/2022
                                                 Martoo Consulting (as annotated by Council)

                         D-02426-05-A            Minor   Change      Application  to   Existing
                                          -      Development Approval TPC1920, prepared by 21/12/2022
                                                 Martoo Consulting (as annotated by Council)

                         D-02426-06-A            Minor   Change      Application  to   Existing
                                          -      Development Approval TPC1920, prepared by 21/12/2022
                                                 Martoo Consulting (as annotated by Council)

                         CD.3             -      Proposed Floor Plan, prepared by Design to Detail 12/08/2022

                         CD.5             -      Proposed Section, prepared by Design to Detail      12/08/2022


               C.     Include the following additional condition:
               59.    The terrace of Unit 19 is to remain unenclosed and is not to be further reduced in size other
                      than that approved by 51987.2949.6.




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Document Set ID: 22389003
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