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Minor Change - Planning Report 11 Allambi · 132000.200359.3
Town Planning Report Request for a Minor Change to the Conditions specified within the Decision Notice (Minor Change) 11 Allambi Rise, Noosa Heads Qld 4567 Lot 65 on RP 52918 Star Crest Pty Ltd A.C.N. 009 968 647
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Page 2
Table of Contents
Important Note 2
1. Summary 3
2. Background 4
2.1 Engagement with Council Officers 4
3. Development Intent – Proposed Change 5
3.1 Change to Approved Plans 5
4. Proposed Change to Conditions 7
4.1 Proposed Change to Condition 9, 15 and inclusion of new additional condition. 7
5. Planning Assessment 9
5.1 Minor Change 9
6. Conclusions 11
List of Tables
Table 1: Substantially Different Development Guideline ...................................................................................... 9
RG Strategic Planning Report – Minor Change Application 1
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.
We have prepared this report for the sole purposes of Star Crest PTY LTD (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.
In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.
This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;
• this report may not be relied on by a Third Party; and
• RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
arising out of or incidental to a Third Party; and
• publishing, using, or relying on the facts, content, opinions, or subject matter
contained in this report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
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In this note, a reference to loss and damage includes past and prospective economic loss, loss of
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taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.
RG Strategic Planning Report – Minor Change Application 2
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1. Summary
RG Strategic has prepared this development application on behalf of Star Crest PTY LTD.
The purpose of this report is to seek approval for a Minor Change Application and a revision of the
Conditions (approved plans) specified within Decision Notice 20444 DA.
The subject site is located at 11 Allambi Rise, Noosa Heads and is formally described as Lot 65 on
RP52918.
The proposed Minor Change to the existing approvals consists of:
• Changes to approved plans,
o Bedroom two to have a changed ensuite and walk in robe,
o Billiards Room converted into two bedrooms,
o Study converted into an additional bedroom, and
o Kitchen to be divided in two for provisions of a Butlers Pantry and a dedicated
cooking area.
This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices.
The Minor Changes proposed to the approved plan are appropriate and is not anticipated to
impact upon the amenity of the adjoining property or locality.
Council’s approval of the application is therefore sought, subject to relevant and reasonable
conditions.
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2. Background
A Development approval 20444 DA (2000/200359) for Extensions and Alterations to a Dwelling in
Sand Dune Problem Area was approved on 31st March 2001 under the Planning Scheme current at
the time. This provided for a six bedroom residence built over multiple levels.
A Change to existing Development Approval was issued on the 25th November 2010. This change
related to the changes to access for the roof top terrace and changes to approved plans.
The development has had minor internal works to reconfigure the existing spaces and as such
requires a minor change to layout and approved plans.
2.1 Engagement with Council Officers
This property has been subject to ongoing discussion and site inspection with Council Officers in
establishing the best path forward to address the works undertaken.
Michael Cantori and Ron Potter have been involved with these discussions.
It was agreed with officers that the applicant would undertake the following to address the
outstanding matters and works undertaken without approval,
• Prepare and lodge a Minor Change application to update the current approved plan set,
• Prepare an lodge an updated STA LL application as it relates to the original 6 bedrooms
and having been provided with Councils Written Advice to that effect.
• Prepare and lodge a Building Application for works undertaken.
This report and supporting material forms part of the Minor Change application and specifically
provides comments on the matters raised by Council officers.
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3. Development Intent – Proposed Change
The applicant is proposing a Minor Change Application and a revision of the Conditions (approved
plans) specified within Decision Notice 20444 DA (2000/200539).
The proposed Minor Change to the existing approvals consists of:
• Changes to approved plans,
o Bedroom two to have a changed ensuite and walk in robe,
o Billiards Room converted into two bedrooms,
o Study converted into an additional bedroom, and
o Kitchen to be divided in two for provisions of a Butlers Pantry and a dedicated
cooking area.
The proposed changes are reflected in the Proposed Plans prepared by Ellia Design and are
enclosed within Appendix A.
Proposed Changes – Highlighted in red
3.1 Change to Approved Plans
The original plans were approved in 2001 with the following Condition 9,
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered 95:456 WD1 titled Site
Plan prepared by Nicholas Mandikos & Associates and dated Nov ‘99, 95:456 WD1.2 titled
Site Plan - Levels prepared by Nicholas Mandikos & Associates and dated Mar ‘01, 95:456
WD2 titled Ground & First Floor Plans prepared by Nicholas Mandikos & Associates and
dated Nov ’99, 95:456 WD3 titled Basement & Roof Plans prepared by Nicholas Mandikos &
Associates and dated Nov ‘99, 95:456 WD4 titled Elevations prepared by Nicholas Mandikos
& Associates and dated Dec ’99, and 6398-S1 to 6398-S3 prepared by Leddy Sergiacomi &
RG Strategic Planning Report – Minor Change Application 5
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Associates Pty Ltd and dated 12/99 and as may be amended by these conditions.
In November 2010 a Change to Existing Approval provided for an additional Condition 15,
Development undertaken in accordance with this approval must generally comply with the
approved plans of development contained in Condition 9 and the approved plans listed in
the following table and may be amended by these conditions and annotations on these
plans.
Our application relates to provision of amended plans to reflect the works undertaken within the
dwelling.
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4. Proposed Change to Conditions
The following Minor Change to the Conditions contained within the Existing Approval 20444 DA is
proposed to allow for the updated plans provided with this application which reflect works
undertaken.
The Conditions which are affected by the proposed modifications is Conditions 9, 15 and inclusion
of a new additional condition.
4.1 Proposed Change to Condition 9, 15 and inclusion of new additional condition.
Change Condition 9 to read:
Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are numbered
95:456 WD1 titled Site Plan prepared by Nicholas Mandikos & Associates and dated Nov ‘99,
95:456 WD1.2 titled Site Plan - Levels prepared by Nicholas Mandikos & Associates and
dated Mar ‘01,
95:456 WD2 titled Ground & First Floor Plans prepared by Nicholas Mandikos & Associates
and dated Nov ’99,
95:456 WD3 titled Basement & Roof Plans prepared by Nicholas Mandikos & Associates and
dated Nov ‘99,
95:456 WD4 titled Elevations prepared by Nicholas Mandikos & Associates and dated Dec
’99, and
6398-S1 to 6398-S3 prepared by Leddy Sergiacomi & Associates Pty Ltd and dated 12/99
and as may be amended by these conditions.
Change Condition 15 to read,
Development undertaken in accordance with this approval must generally comply with the
approved plans of development contained in Condition 9 and the approved plans listed in
the following table and may be amended by these conditions and annotations on these
plans.
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New Additional Condition,
Development undertaken in accordance with this approval must generally comply with the
approved plans of development contained in Condition 9 and 15 and the approved plans
listed in the following table and may be amended by these conditions and annotations on
these plans.
Plan No. Revision Plan Name – Prepared by Date
001 B Site Plan – Ellia Design 24.05.17
002 B Ground Floor Plan – Ellia Design 24.05.17
003 B First Floor Plan – Ellia design 24.05.17
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5. Planning Assessment
The proposed Minor Change can be supported on a number of grounds as detailed below:
• The proposal can be defined as a Minor Change to Approval in accordance with Schedule
1 of the Planning Act 2016,
• The proposal is consistent with the outcomes sought by the Noosa Plan 2020, and
• The changes are all internal creating no external impacts.
5.1 Minor Change
In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -
(b) for a development approval—
(i) would not result in substantially different 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
(B) referral to a referral agency, other than to the chief executive, if there were no
referral agencies for the development application; or
(C) referral to extra referral agencies, other than to the chief executive; or
(D) a referral agency, in assessing the application under section 55(2), to assess the
application against, or have regard to, a matter, other than a matter the referral
agency must have assessed the application against, or had regard to, when the
application was made; or
(E) public notification if public notification was not required for the development
application.
In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 2 below:
Table 1 Substantially Different Development Guideline
‘Substantially different’
Comment
development
Involves a new use The dwelling house, still remains a dwelling house.
Results in the application applying No new land is applied over as part of this change
to a new parcel of land
application.
Dramatically changes the built All proposed changes are internal to the existing
form in terms of scale, bulk, and
approved built form.
appearance
These changes are repurposing existing rooms from one
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‘Substantially different’
Comment
development
use to become additional bedrooms.
There is no change to the scale, bulk and appearance of
the building.
Changes the ability of the proposal The changes does not alter the use as intended.
to operate as intended.
Removes a component that is The proposed minor change will not alter the operation
integral to the operation of the
of the development.
development.
Significantly impacts on traffic flow No impacts will be as a result of the proposed Minor
and the transport network, such as
Change application.
increasing traffic to the site.
Introduces new impacts or increases No new impacts or severity of impacts occur due to the
the severity of known impacts.
minor change.
Removes an incentive or offset No incentive or offset component will be impacted as a
component that would have
result of the proposed Minor Change.
balanced a negative impact of the
development.
Impacts on infrastructure provisions. The proposed Minor Change will not impact upon any
infrastructure network.
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6. Conclusions
As demonstrated in the above Table 2, the proposed amendment to Condition 9, 15 and the
additional new condition complies with the definition of a Minor Change and are consistent with the
intent of the original approval.
This report demonstrates that the proposed development is permitted pursuant to the provisions of
the Planning Act 2016 and the Noosa Plan 2020.
The proposed Minor Change to the existing approvals consists of:
• Changes to approved plans,
o Bedroom two to have a changed ensuite and walk in robe,
o Billiards Room converted into two bedrooms,
o Study converted into an additional bedroom, and
o Kitchen to be divided in two for provisions of a Butlers Pantry and a dedicated
cooking area.
The proposed plan changes provide for a design outcome which achieves all of the elements
required for a large family home in a prime location overlooking Noosa main Beach.
Approval of the proposed Minor Change is recommended.
We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.
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