Cover Letter - Minor Change Application

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Figure 1 - Aerial Photograph of site and surrounding area

The original development on the site for a Group Housing Development (4 Units)was approved by Council
on 3 January 1996 under the 1995 Town Planning Scheme. The development site is collectively known as
Quay West Noosa.

On 18 September 2006 Council approved a change to the approval which related to Unit 4. The changes
involved establishing a pergola structure in the southeast corner of Unit 4 to replace a shade sale. The
pergola was approved to have a minimum setback of 2.6m - 3.2m to the canal.

The Proposal
The proposed minor change application seeks approval for 21m2 shade structure to be established in the
northeast corner of Lot 5 and new open treaded stairs to access the jetty. The pergola structure would have
a minimum setback of 3.2m to the centreline of the canal wall. The open treaded stairs would have setback
of 2.8m. The proposed pergola would replace an existing shade sail structure that extends from the building
to the side boundary. The structure would cantilever over the 4.5m canal setback area to the canal to ensure
that the flood detention capacity of the waterbody is retained. The structure has a maximum height of 3.3m,
is an open and lightweight, and fronts the canal. The northwest elevation would include operable louvres to
for sun control purposes.

The design and siting of the proposed shade structure is further illustrated in Figures 2 - 4 below:

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Figure 2 - Site plan




Figure 3 -Ground level floor plan


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LOT 5 AREA 190.36m2

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DRAWING PREPARED BY DEZIGNTEAM PROJECTS PTY LTD
BUILDING DESIGN OPEN QBCC Licence Number: 15268548
DWG NO- DZT NOOSA/A001 (5) SCALE 1:200@A3 DATE 18-02-2022

QUAY WEST
LOTS GTP 104767 5/19 LABURNUM CRESCENT NOOSAVILLE QLD 4566

 

Figure 2 - Site plan

 

  
 
 
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

  

 

 

  
 
  

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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remove existing po N kitchen andreplace | 7; - — —
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entire waterfront cn existing post ARCHITRAVE AND SKIRTING demolish part of existing wall ri solid core door and fram cover with new awing cover
and replace with new
REPLACE WITH NEW SQR SET (the no loading part) and make good " exist >
A || | CEILING, ARCH AND SKIRT Shown red dott | } pipe
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f |» 5 increase bulkhead to line above and frame, replace with new
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Figure 3 -Ground level floor plan

 

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Figure 4 - Southwest Elevation


The proposed pergola would replace existing shade sale structure of the same dimensions and
consequently does not result in any additional site cover. It is also noted that the planning scheme excludes
shade structures from contributing to site cover.

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Conditions/Plans of Approval

As a result of approving the proposed change, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice. It is considered that no other change to the approval
would be necessary.

Material Change of Use

Additional plans to be included:

Approved Plans
 Plan No.               Rev.     Plan/Document Name                                        Date
 A001                   -        Site Plan, prepared by DEZINETEAM PROJECTS                18-02-22

 A101                   -        Ground Floor Plan, prepared by DEZINETEAM                 18-02-22
                                 PROJECTS
 A102                   -        First Floor Plan , prepared by DEZINETEAM                 18-02-22
                                 PROJECTS
 A201                   -        Elevations Sheet 1 , prepared by DEZINETEAM               18-02-22
                                 PROJECTS
 A301                   -        Section X, prepared by DEZINETEAM PROJECTS                18-02-22



Statutory Process

Change Application - Planning Act 2016

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The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor addition involving pergola structure associated with an existing multiple dwelling
         development;
    + The changes would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.

Assessment Procedures

The 1995 Town Planning Scheme applied when the original application was made.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

The proposed development would be defined as a Multiple Dwelling under the Noosa Plan 2020. The
subject site is located within the Medium Density Residential Zone and the Noosaville Local Plan Area. A
Multiple Dwelling is assessable against the following benchmarks contained within the Noosa Plan 2020:
    + Coastal Communities Local Plan Code;
    + Medium Density Residential Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Works Code

An assessment of the proposed changes against the key development parameters within the above-
mentioned codes is provided below.

Table 1 - Assessment of Development Parameters (applying to entire site area)

                   The Noosa Plan 2020          Proposal                                   Compliance
                   (Acceptable Outcome)
 Building          Max 8m                       Max 3.3m                                    P
 Height
 Site Cover        Does not exceed 40%          No Change (34.7%)                          P
 Side              1.5m up to 4.5m in height;   0m (consistent with existing structure)    O
 Setbacks          2m between 4.5m and
                   7.5m
 Canal             4.5m                         Pergola - 3.3m (consistent with existing   O
 Setback                                        structure)
                                                Stairs - 2.8m

The proposed development is compliant with the key acceptable outcomes contained within the relevant
codes with the exception setbacks to the canal and side boundary. An assessment against the
corresponding performance outcomes and overall outcomes relevant to each issue are discussed below:

Side Setbacks

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AO9.3
Buildings and structures meet the following minimum setbacks to boundaries other than road frontages and
rear boundaries:
a) 1.5 metre setback up to 4.5 metres height;
b) 2 metres setback between 4.5 metres and 7.5 metres height; and
c) 2.5 metres if above 7.5 metres height.

PO9
Buildings and structures are designed and sited to:

a)   provide a high level of amenity to users of the subject site and adjoining premises, including provision of
     visual and acoustic privacy;
b)   not unreasonably obstruct views or cause overlooking of private open space or habitable areas
     of adjoining premises;
c)   provide adequate distance from adjoining land uses;
d)   preserve existing vegetation that will help buffer development;
e)   allow for space and landscaping to be provided between buildings including adequate area at ground
     level for landscaping with trees, shrubs, outdoor living and utilities;
f)   be consistent with the predominant character of the surrounding area; and
g)   protect the natural character and avoid adverse impacts on ecologically important areas such as
     national parks, waterways and wetlands.

The proposed pergola provides a 0m setback from its outermost projection to the side boundary of the site,
consistent with an existing shade sail structure that is replacing. Consequently, it does not comply with the
minimum side setback of 1.5m sought of AO9.1. While not achieving the acceptable outcome, it is
considered that the proposed pergola complies with Performance Outcome PO9 of the Medium Density
Residential Zone Code for the following reasons:
+ the pergola would provide a high level of amenity for the users of the subject site in that:
    o the pergola would replace an aging shade sale and would allow a covered area having
          dimensions of 21m2 which would provide an adequate size, shape dimensions to support a family
          dining table and outdoor living opportunities that to meet the needs of the occupants;
    o the pergola would enhance liveability of the dwelling and promote outdoor living; and
    o it would better respond to Noosa Shire’s subtropical climate and improve the passive design of
          the unit by incorporating a solid roof and operable louvres to the southwestern side to shade the
          western sun;
+ the pergola is a low profile, open and lightweight structure and would maintain visual and acoustic
    privacy for adjoining residents and not unreasonably obstruct views;
+ the pergola maintains existing setbacks and thus provides adequate separation to the adjoining
    dwelling to the north which is part of the same development;
+ the proposed pergola will preserve the landscaping located along the northern side boundary and
    therefore maintain adequate landscaping at the ground level; and
+ the proposed additions are not visible from the street frontage, relate to an internal boundary within a
    community title scheme, and will be consistent with the predominant character of the area which
    consists of multiple dwellings in a medium density environment that incorporate a number of intrusions
    into the side setback including:-
    o the adjoining unit to the east 4/19 Laburnum Street, which was permitted to have a built to
        boundary pergola through a minor change application;
    o the multiple dwelling at 17 Laburnum Street which incorporates built to boundary side setbacks; and
    o the multiple dwelling at 21 laburnum Street which incorporates built to boundary side setbacks.

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Canal Setback

Setback to a watercourse in the Noosa Waters estate, Noosaville

AO13
For premises adjoining a watercourse within the Noosa Waters estate no building work, filling or excavation
works occurs within 4.5 metres from the centre line of the top of the concrete revetment wall.

PO13
Land adjoining the revetment wall and for a width of 4.5 metres serves flood detention and amenity
functions, free of structures and impervious surfaces.

The proposed pergola, which is to replace in existing shade sale structure, would have a varied setback of
between 3.2m to 3.5m to the centreline of the revetment wall. The open treaded stairs would have a 2.8m
setback from the centreline of the revetment wall. Consequently, the structures do not comply with AO13 of
the code. While not complying with the acceptable outcome, it is considered that the proposal complies with
the correlating performance outcome PO13 in that:
    • the proposed pergola would not reduce the flood detention capacity of the canal system as it has
         been designed cantilever from a point setback 4.5m from the centreline of the revetment wall;
    • the stairs are open treaded and would not cause any measurable impact on the detention capacity
         of the waterbody;
    • the proposed additions would not impact of the amenity functions of the setback area for the
         following reasons:
              o the pergola replaces and existing shade sale structure that sits forward of alignment of the
                  pergola;
              o the pergola is a lightweight and open structure and does not cause any bulk and built form
                  impacts to the surrounding area;
              o the alignment of the pergola is consistent with the alignment of the existing deck associated
                  with Lots 4 and 5 and the pergola structure that was approved for Lot 4 to have a minimum
                  setback of between 2.6m - 3m to the revetment wall as illustrated on the approved plans
                  and
              o the natural ground within 4.5m of the centreline of the revetment wall will remain free of
                  structures and impervious surfaces.
    • the establishment of open treaded stairs within the canal setback would not result in any amenity
         impacts to adjoining properties.

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016 ,
and appropriately responds to the provisions of the Noosa Plan 2020. Overall, it has adequately been
demonstrated that the proposed changes comply with the performance outcomes of the relevant codes
and will:
    + maintain a high level of residential amenity for the area;
    + provide a built form that complements the riverside character of the area; and
    + ensure that land adjoining the revetment wall and for a width of 4.5 metres serves flood detention
          and amenity functions, of the canal.
Consequently, the minor change application should be supported.

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Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan