Minor Change Request report INCE Arakoon · MCU19/0008.02

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Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change
to the approval that:

i. would not result in a substantially different development*;
      (*In determining whether the proposed change would result in substantially different development, the
      assessment manager or referral agency must consider the individual circumstances of the development,
      in the context of the change proposed.)


Schedule 1 of the Development Assessment Rules set outs provisions for a substantially
different development. A change may be considered to result in a substantially different
development if the proposed change results in any of the following outlined in Table 1
below.

Table 1 - Substantially different development

   Provisions of Schedule 1 of the DA                     Response
   Rules
    (a) Involves a new use                                There is no new use proposed onsite
      (b) results in the application applying to          No new parcels of land are introduced
          a new parcel of land; or
      (c) dramatically changes the built form             The built form including the footprint
          in terms of scale, bulk and                     generally remains unchanged This
          appearance; or                                  minor change does not dramatically
                                                          change the scale, bulk, or appearance.
      (d) changes the ability of the proposed             A dwelling house.
          development to operate as
          intended; or
      (e) removes a component that is                     A dwelling house.
          integral to the operation of the
          development; or
      (f) significantly impacts on traffic flow           A dwelling house.
          and the transport network, such as
          increasing traffic to the site; or
      (g) introduces new impacts or increase              No new impacts or the severity of
          the severity of known impacts; or               impacts is likely to result for the new
                                                          floor layout and amended elevations.
      (h) removes an incentive or offset                  Does not remove an offset or incentive
          component that would have                       components of the development.
          balanced a negative impact of the
          development; or
      (i) impacts on infrastructure provisions.           There is no additional impacts on
                                                          infrastructure.

Given the above, the proposed change to the existing approval is a minor change in
accordance with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development
Assessment Rules.

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Deciding the Request

In accordance with S81 of The Planning Act 2016, Council must only consider the
information provided and any other matter considered relevant, including — all matters
Council would or may assess against or have regard to, if the change application were a
development application.

Council must only consider the statutory instrument, or other document, as in effect when
the development application for the development approval was properly made. However,
may give weight they consider appropriate, in the circumstances, to—

(a)   the statutory instrument or other document as in effect when the change application
      was made (Superseded Planning Scheme); or
(b)   if the statutory instrument or other document is amended or replaced after the change
      application is made but before it is decided—the amended or replacement instrument
      or document; or
(c)   another statutory instrument—
      (i) that comes into effect after the change application is made but before it is decided;
      and
      (ii) that the responsible entity would have been required to consider if the instrument
      had been in effect when the development application for the development approval
      was properly made.




Figure 2 – Proposed elevations with reference to the existing approved built form in red.

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Assessment

The key development parameters from the existing approval are outlined below and an
assessment of the differences is provided thereafter.

    Criteria                       Existing Approval          Proposal              Consistent
                                   MCU19/0008.01                                    with
                                                                                    Approval
    Site cover                     33 & 34%                   37% birds’ eye        
    Landscaped open space &        > 200m²                    240m²                 
    Soft landscaping
    Landscaping Setbacks                                                            
    Building height
•    storeys                       2 storeys                  2 storeys             
•    metres                        8 metres                   8.2 metres            PO
    Boundary setbacks
 • Frontage – 6m                   1 metre                    0.9 metre             
 • Side (northern) –               Garage - zero metres       1.5m garage)/2m       /
   1.5m/2m                                                    1m (pergola)          




 • Side (southern) –               1.5/2.0 metres             1.5m / 2m             
   1.5m/2m                         Carport – zero metres      0m (garage)/2m




                                   15     metres    (with
 • Rear - 15 metres min            exception to 3 metre       15 metres (with       
   (Coastal overlay code)          cantilevered deck)         exception of a
                                                              small
                                                              cantilevered
                                                              covered deck and
                                                              eave)
    Length of wall                 15 metres max              < 15 metres           
    Carparking                     2 covered and 1 under      2 covered and         
                                   pergola                    1         partially
                                                              covered

As outlined in the Table, the proposal is generally in accordance with the existing approval
except for some minor setback variances which are assessed below and demonstrates
compliance with the Noosa Plan 2020.

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Height
A new survey was undertaken to ascertain the existing ground levels. The previous
approval relied on Council’s broad survey mapping to ascertain the site levels and the 8m
height limit. The new survey accurately depicts the ground levels and the building height
compliance blanket diagram demonstrates the 200mm encroachment of the 8m height limit
relative to Natural Ground Levels along the northern edge of the roof form as shown below.




Figure 3 – NGL Survey and Height Blanket diagram



The encroachment is considered a small intrusion of the blanket and considering the
sloping nature of the site and the general compliance with the extrapolated ground levels
along the northern boundary is acceptable in this instance.

The building design responds to the natural topography by stepping down the hill and
provides for a sloping roof form with eaves to provide shade to the walls. The small
encroachment does not hinder any existing view lines or corridors for adjoining or
neighbouring houses within Arakoon Crescent and should be supported.

Front setback
Although the setback does not comply with Noosa Plan 2020 Acceptable Outcomes, the
setback is generally in accordance with the approved plans and determined by Council to
meet the relevant Performance Outcomes of the Code as part of the previous change
approval. No further assessment is provided accordingly.

North and south setback
The proposed north and south setbacks are similar to the existing approved plans except
that the carport and garaging have swapped sides. To the south, the garage is now
proposed along side the adjoining properties built to the boundary garage wall and
therefore will not have any amenity, overshadowing, privacy or noise impacts on that
neighbour. To the north, a 3.6m wide walkway to the beach exists which provides good
separation between the proposal and the adjoining neighbour on that side, noting that this
proposal’s setback to the northern boundary is greater than the existing approval. It is
considered the side setbacks are consistent with the existing approval and fully comply
with the relevant Performance Outcomes of the Code.

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East (seaward) setback
The proposal includes an eave and a small portion of cantilevered building protruding into
the 15m setback in addition to the uncovered balcony. Figure 4 below shows the minor
extent of the encroachment and an assessment against the Overlay Code follows. Noting
the awning does not constitute a cover under the planning scheme and patio 3 complies
as being uncovered and cantilevered.




Figure 4 - Encroachment into seaward setback.

Coastal protection provisions
Overall outcome
(2) The purpose of the code will be achieved through the following overall outcomes:
     (a) Development allows for natural processes of erosion and accretion to occur naturally,
           including as a result of sea level rise.
     (b) Development ensures landforms, creeks, dunes, vegetation and biodiversity in coastal
           areas are not impacted by development to mitigate coastal hazard risks and to protect
           environmental values; and
     (c) Development is designed and sited to protect the visual character and scenic amenity of
           the Coastal Protection and Scenic Amenity Area and to integrate with the surrounding
           natural landscape and skyline vegetation.

PO1 Development allows for natural fluctuations of the coast and foreshores to occur, including
    allowance of climate change.

PO2 Development is located, designed and constructed to:
(a) maintain dune crest heights and minimise and mitigate the risk to development from wave
    overtopping and storm tide inundation; and
(b) maintain or enhance coastal ecosystems and natural features such as coastal creeks and
    marine plants including mangroves, salt marshes and coastal wetlands, to assist in protecting
    and buffering communities and infrastructure from sea-level rise and coastal inundation
    impacts

The provisions seek development does not interrupt the natural cycle of accretion and
erosion, allows for the natural fluctuation of the coast and maintains the coastal
ecosystems.

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Given the encroachments are to the first floor and its roof eave and the balcony is 4.1m
above NGL and the eave is 7m above NGL, it is unlikely these structures will have any
impact on the natural cycle of the foreshore. It is also very unlikely that wave overtopping
will occur because of the encroachment, noting how high the structures above NGL. Noting
also that these structures are not unlike uncovered cantilevered balconies in that they are
cantilevered and significantly above NGL and the coastal foredune system.

An exception is the small portion of building (starting from the first floor) which encroaches
into the 15m setback. This portion does not extend to the ground level but sits over the top
of the lower level and will not be subject to any impacts of or will not be impacted by any
coastal cycles. The setback to the seaward boundary allows for natural processes of
erosion and accretion to occur naturally, including as a result of sea level rise and therefore
meets the relevant Overall outcome, PO and AO’s of the Coastal Protection and Scenic
Amenity Overlay Code.

An updated geotechnical report prepared by Pacific Geotech and stormwater management
plan prepared by SCG is provided to ensure dune stability.




Figure 5 – Stormwater and driveway preliminary engineering detail plans (SCG).

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Changes to Conditions
As a result of the proposed changes the following conditions require changing:

Condition 2 requires amending to reflect the changes and sought to read as follows.

(<Date>) 2023
 2. 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.          Issue.    Plan/Document Name                       Date
        100               DA-2      Site Plan, prepared by Robinson          14/12/2022
                                    Architects
        105               DA-2      Lower Ground Floor Plan, prepared        14/12/2022
                                    by Robinson Architects
        106               DA-2      Ground Floor Plan, prepared by           14/12/2022
                                    Robinson Architects
        107               DA-2      First Floor Plan, prepared by            14/12/2022
                                    Robinson Architects
        108               DA-2      Roof Plan, prepared by Robinson          14/12/2022
                                    Architects
        205               DA-2      North Elevation, prepared by             14/12/2022
                                    Robinson Architects
        206               DA-2      East Elevation, prepared by              14/12/2022
                                    Robinson Architects
        207               DA-2      South Elevation, prepared by             14/12/2022
                                    Robinson Architects
        208               DA-2      West Elevation, prepared by              14/12/2022
                                    Robinson Architects
        305               DA-2      Section S01, prepared by Robinson        14/12/2022
                                    Architects
        306               DA-2      Section S02, prepared by Robinson        14/12/2022
                                    Architects
        307               DA-2      Section S03, prepared by Robinson        14/12/2022
                                    Architects

Condition 6 – built form
6.  No structures or buildings are to be located within the 15 metre setback to the eastern
    boundary.

Change Condition 6 to read as follows:

6.   No structures or buildings are to be located within the 15 metre setback to the eastern
     boundary except for the balconies and eaves and the small portion of the building
     between gridlines 5 and 6 as indicated on the approved plans.

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Condition 17 – Stormwater
 17. The site must be provided with a stormwater drainage system connecting to a lawful
     point of discharge. The works must be undertaken generally in accordance with
     Stormwater Management Report, prepared by Westera Partners, dated 4 April 2019.


Change Condition 17 to read as follows:
    17. The site must be provided with a stormwater drainage system connecting to a
        lawful point of discharge. The works must be undertaken generally in accordance
        with Stormwater Management Report, prepared by SCG, dated December 2022.


Conditions 25 and 26 – Geotechnical stability
 25. All works must be carried out in accordance with the recommendations of the
     Geotechnical Stability Assessment prepared by Pacific Geotech Consulting
     Geotechnical Engineers and dated April 2019, Ref No. PG-2096.
 26. Certification must be submitted to Council from a qualified person* which certifies that
     the development has been constructed in accordance with the recommendations
     contained in Geotechnical Stability Assessment prepared by Pacific Geotech
     Consulting Geotechnical Engineers and dated April 2019, Ref No. PG-2096. *(Refer
     to advisory Note)


Change Conditions 25 and 26 to read as follows:
 25. All works must be carried out in accordance with the recommendations of the
     Geotechnical Stability Assessment prepared by Pacific Geotech Consulting
     Geotechnical Engineers and dated December 2022.
 26. Certification must be submitted to Council from a qualified person* which certifies that
     the development has been constructed in accordance with the recommendations
     contained in Geotechnical Stability Assessment prepared by Pacific Geotech
     Consulting Geotechnical Engineers and dated December 2022. *(Refer to advisory
     Note)


Condition 27 – North fence
 27. Design measures for the fence and the garage window, are to be provided as shown
     on the Northern Building Elevation Plan DA-09
It is sought to delete this condition as it is a difference fence design and the condition is
now irrelevant.

Delete condition 27
27. Deleted

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If you have any further queries in relation to the above, please do not hesitate to contact
myself.



Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227