Council archive · source document
Cover Letter - Minor Change Application · 51989.294.03
Date: 25 March 26
The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565
Via Email ([email protected])
Dear Sir/Madam
RE: Request for Minor Change to Development Approval relating to a Town Planning Consent
Permit for a Group Housing Development of 21 dwellings Involving Unit 3 at 3/390 David Low
Way, Peregian Beach described as Lot 3 on GTP102586 (TPC2209)
In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change
to the Development Approval (TPC2209) at the abovementioned property.
This request is made on behalf of Karyn Brinkley, being the owner of Unit 3 (Lot 3 on GTP102586), being
premises of which the proposed change relates to.
In support of the application, please find enclosed:
+ Planning Act Form 5;
+ Proposal Plans (Appendix A);
Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.
Background
On 1 June 1989, Council resolved to approve an application for a group housing development for 21 dwellings
at the site (TPC2209). The development is known as the ‘Retreat’.
On 25 February 1993, Council approved a modification to the development. The layout of the modified
development is illustrated in Figure 1 below:
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Page 2
Figure 1 –Approved Modified Layout (TPC2209)
On 14 September 2022, Council approved a minor change to the development approval. The minor change
involved amendments to the floor plan of Unit 2, including the establishment of a store room on the lower
level and associated internal alterations.
A summary of the key development details is provided after the change occurred is illustrated in the table
below:-
Subject Allowable Original Approval Change Approvals
Site Area 8933m2 - -
Max Population Density 107 people 69.3 No change
Max Gross Floor Area 4280m2 2881m2 2896.12m2
Max Site Cover 3575m2 (40%) 1819m2 (20.36%) 1821m2 (20.38%)
Minimum Landscaped 2772m2 (31.03%) 2772m2 (31.03%) No change
Open Space
Max Building Height 2 2 No change
(storeys)
Max Building Height 8 8 No change
(metres)
Car Parking Spaces 32 32 No change
The Proposal
The proposed minor change application seeks to make alterations and additions to Unit 3 within the
complex. The alterations and additions include:
• new storeroom area on the lower level (Basement Plan);
• internal alterations involving bathroom and ensuite renovations to the middle level (Ground Level
Plan)
• ensuite addition to the upper level (Level 1 Plan);
• minor change to external cladding, window placement and exterior battening;
Details of the alterations and additions are provided in Figures 1 - below.
Page 3
Figure 2 – Site Plan Illustrating Location of Unit 2
Figure 3 – New Storeroom Area
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Figure 3 - New Storeroom Area
Page 4
Figure 4 – Proposed Ground Floor Figure 5 – Upper Level Additions and Alterations Including New Powder Room
Page 5
Figure 6 – Proposed South Elevation
The proposed additions to Unit 3 would include:
• An additional Gross Floor Area of 15.2m2.
• An additional Site Cover of 2.1m2.
The proposed changed would have the following changes to the area applying to the overall development:
Subject Allowable Existing Approved Proposal
(including previous change)
Site Area 8,933m2 - -
Max Population Density
107 people No change No change
Max Gross Floor Area4,280m2 2,896.12m2 2,911.32m2
Max Site Cover 3,575m2 1,821m2 (20.38%) 1,823.1m2 (20.40%)
(40%)
Minimum Landscaped 2,772m2 No change No change
Open Space (31.03%)
Max Building Height 2 No change No change
(storeys)
Max Building Height 8 No change No change
(metres)
Car Parking Spaces 32 No change No change
Changes to Conditions/Plans of Approval
As a result of approving the proposed change the following additional plans would need to be referenced in
the decision notice:
Page 6
Approved Plans
Plan No. Rev. Plan/Document Name Date
DA1.03 A Site Plan, prepared by Blackwood Architecture & 2/03/2026
Design
DA2.01 A Proposed Basement Plan, prepared by Blackwood 2/03/2026
Architecture & Design
DA2.02 A Proposed Ground Floor, prepared by Blackwood 2/03/2026
Architecture & Design
DA2.03 A Proposed Level 1, prepared by Blackwood 2/03/2026
Architecture & Design
DA3.01 A Proposed North Elevation, prepared by Blackwood 2/03/2026
Architecture & Design
DA3.02 A Proposed East Elevation, prepared by Blackwood 2/03/2026
Architecture & Design
DA3.03 A Proposed South Elevation, prepared by Blackwood 2/03/2026
Architecture & Design
DA3.04 A Proposed West Elevation, prepared by Blackwood 2/03/2026
Architecture & Design
Statutory Process
Change Application - Planning Act 2016
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 additions and alterations to a unit within group housing complex;
+ 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; and
+ The application would not need to be undergo public notification as a consequence of the change.
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
In accordance with Section 81 of the Planning Act 2016, in assessing the change application:
(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.
(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;
The original application was submitted on 1 June 1989 under the 1988 Strategic Plan for Noosa which
applied at the time.
The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
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 Coastal Communities Local Plan
Page 7
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 Codes
+ Coastal Protection and Scenic Amenity Overlay Code
The proposed changes would remain consistent with the applicable assessment provisions under the
Noosa Plan 2020. Notably:
+ It would provide a plot ratio of 0.325, complying with a maximum plot ratio of 0.4.
+ It would provide a site cover of 20.40%, complying with a maximum site cover of 40%.
+ The proposed development would comply with Overall Outcomes 2 a), b) and c) of the Coastal
Protection and Scenic Amenity Overlay Code for the following reasons:
o The development will not impact on natural processes of erosion and accretion, including
as a result of sea level rise, as it is located outside of the 2100 erosion prone area mapping
and relates to very minor additions that are positioned within the curtilage of an existing
dwelling
o The development will protect the visual character and scenic amenity of the Coastal
Protection and Scenic Amenity Area in that:
§ the storeroom will be positioned below an existing deck and ensure that the
existing building alignment to the coastal boundary is maintained;
§ the additions have been designed in a manner that will complement the existing
lightweight and low-scale character of the dwelling; and
o The 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 in that:
§ The additions are located within the curtilage of an existing dwelling; and
§ The additions will ensure that landscaped areas throughout the site are
maintained;
Conclusion
The above report demonstrates that the proposed additions constitute a minor change under the Planning
Act 2016 and appropriately responds to the provisions and intent of the Noosa Plan 2020.
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.
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