Planning Statement - Minor change · MCU18/0013.03

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                                                                                Subject site




Figure 1 – Site location



2. PROPOSED CHANGES
In May 2019, an application was lodged on behalf of the applicant to modify the existing
development approval for house on the site for changes to the fencing along the northern side
boundary and the provision of a concrete awning on the upper level. On 4th July 2019, Council by
delegation approved the changes to the northern side boundary fencing however refused the
changes to the building relating to the awning for the following reasons:
        i. Recent erosion prone modelling carried out by the Council indicates significant erosion is
        likely to occur in the future for this site, which will place the proposal at threat.
        ii. The additional awning is contrary to the Detached House Code as it results in excessive
        bulk to the adjoining neighbours.

The reasons of refusal relating to erosion modelling are not considered relevant to the proposal as
the awning/beam does not impact on any future erosion threats to the building. The applicant is
therefore resubmitting additional information that addresses Councils concerns in relation to the
visual impacts of the structure on the adjoining owners and compliance with the planning scheme.
Attachment A provides additional plans prepared by Shaun Lockyear architect. The architectural
plans detail a concrete beam to be extended in line with the existing concrete awning over the first
floor terrace. The area of the beam has been reduced to minimise appearance of the beam to the
surrounding areas. As the area is not covered the beam presents as an architectural feature that
balances and anchors the building to the landscape.
The applicant is seeking amendment to the approved plans to cater for the new beam.




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3. ASSESSMENT
An assessment of the proposed changes against the provisions of the Planning Act 2016 relating to
what defines a minor change is detailed below. The Planning Act 2016 states that a minor change:

      b) for a development approval, is a change to the approval that —
        (i) would not result in a substantially different development; and

      The proposed changes are not considered to be a substantially different development as
      detailed by the Development Assessment Rules which include:

         (a) involves a new use;

                No new use proposed.

         (b) results in the application applying to a new parcel of land;

                No new parcel of land to be utilised.

         (c) dramatically changes the built form in terms of scale, bulk and appearance;

                No dramatic changes to the built form.

         (d) changes the ability of the proposed development to operate as intended;

                No changes in the ability of the proposed development to operate as intended.

         (e) removes a component that is integral to the operation of the development;

                Does not remove a component that is integral to the operation of the development.

         (f) significantly impacts on traffic flow and the transport network, such as increasing traffic
         to the site;

                Does not significantly impact on traffic flow and the transport network.

         (g) introduces new impacts or increase the severity of known impacts;

                Does not introduce new impacts or increase the severity of known impacts.

         (h) removes an incentive or offset component that would have balanced a negative impact
         of the development; or

                No change to proposed use.

         (i) impacts on infrastructure provisions.

                No change to existing infrastructure servicing the site.

       (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;

                The proposed changes are not prohibited development.

                (B) referral to a referral agency, other than to the chief executive, if there were
                no referral agencies for the development application;

                The proposed changes do not trigger referral to a referral agency.

                (C) referral to extra referral agencies, other than to the chief executive;

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                  The proposed changes do not trigger referral to an extra referral agency.

                  (D) a referral agency to assess the application against, or have regard to,
                  matters prescribed by 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;

                  The proposed changes do not trigger referral to a referral agency.

                  (E) public notification if public notification was not required for the
                  development application.

                  The proposed changes do not trigger public notification of the proposal.

The Planning Act 2016 states that when assessing a change application the responsible entity:

        81 (3) (a) must assess against, or have regard to, the matters that applied when the
                   development application was made; and
              (b) may assess against, or have regard to, the matters that applied when the change
                   application was made.

The 2016 Noosa Plan is relevant for the site which maps the site in the Coastal Protection Area. The
Natural Hazards and Natural Resources Overlay has specific requirements for Coastal protection
areas including Outcome 20 which states:

        O20 Buildings and other structures including swimming pools and retaining walls do not extend
        seaward of the coastal building line except—
           a) uncovered and unenclosed cantilevered balconies that do not extend greater than 3m
                seaward of the coastal building line; and
           b) are setback a minimum of 6m from the seaward boundary (See Figure 13.7).

The beam fully complies with the above Outcome as the beam is not located over a balcony below
as detailed in the figure below. The beam presents an architectural feature around a void area and
therefore complies with scheme requirements.




Figure 2 – Void



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It is noted that the provisions of the Coastal Protection Area do not include any provision relating to
impacts on adjoining residents. However the revised plans include photographs that demonstrate:

       the view from the adjoining properties upper level pool generally look over the beam
       the adjoining property first floor living and deck areas are lower than the beam and look
        under the beam and through the void.

The previous application provided the adjoining owners support for the application and indicates that
they have no issue with building bulk.

The proposed beam does not increase the buildings risk to future erosion risk as it is such a minor
component of the approved building. The beam is considered to comply with the requirements of the
Coastal Protection area as it is an architectural feature that does not enclose or cover a deck.

The application for a minor change to the approved plans is requested to be approved.

The attached development application is lodged electronically and includes:
    1. Change application Form 5
    2. Revised Plans prepared by Shaun Lockyer Architects dated 16th October.19

Application fees will be paid separately following lodgement of the application and notification of
Council’s reference.

Please contact me if you require any further information and/or clarification.



Yours faithfully,




Nadine Gorton
Senior Town Planner
martoo consulting pty. ltd.




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