Minor Change Report 51983.3225.13

APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author	Development Planner, Lisa Pienaar
Development Assessment

APPLICATION DETAILS
Application No.	51983.3225.13
Development Approval	Town Planning Consent 1632 – Units, shops and restaurant
Applicant	Transmission Brokers Pty Ltd TTE
Request Received On	30 June 2020

PROPERTY DETAILS
Property Address	The Hastings 19/30 Hastings St Noosa Heads
RP Description	Lot 19 GTP 1154
Land Area	89m2
Existing Use of Land	Multiple Dwelling units x 25, shops and restaurant

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosa Heads
Zone	Visitor Mixed Use zone
Overlays	Flood Hazard Overlay
Assessment Type	Minor Change to Development Approval

PROPOSAL
The applicant seeks approval to change to an existing development approval. The proposal seeks to renovate and extend existing Unit 19 which includes an additional storey from what currently exists. The building that is currently 3 storeys will become 4 storeys at a height ranging from 10.7-11.92 metres.  The existing unit is 10.3 metres at the highest point of the roofline. The existing unit has a floor area of 83m2. The proposed floor area is to increase by 68.4m2, totalling 151.4m2.
A summary of the extensions are as follows:
Ground floor: An additional 13m2 of floor area is proposed. This includes a store room, laundry, carport and stairwell.
Level 1: Existing floor to be extended by an additional 4m2. New kitchen, lounge and dining. bathroom and stairs provided to rear of the existing unit. A new landing and a new balcony 8.5m2 in size is proposed extending towards the northern boundary. New works extend into the northern portion of the lot.
Level 2: Existing floor to be extended by an additional 5 m2. Two bedrooms and 2 ensuites are proposed which link to the landing between the levels. New works extend into the northern portion of the lot.
Level 3: new third level comprising new family room, bathroom and outdoor terrace. New floor area of 24m2 is proposed, plus 13.4m2 of terrace. Privacy shutters are proposed on the northern elevation.
New internal stairs are also proposed to access all levels.
NRG Greenboard wall, Decowood and Hardieflex cladding, composite timber is proposed to external walls. Composite timber batten privacy screens and glass balustrading to the terrace is also proposed. Awnings and window hoods are proposed to all elevations.
Lot 19 is an irregular shaped lot as are most residential lots on this site.  It ranges in width from 3.5 & 8.6 metres, with a minor portion 12.6 metres wide.  The majority of proposed unit mainly utilises the 8.6 metre width of the property.
The Locality and Proposal Plans are located in Figures 1, 2, 3, 4 & 5 below.

Figure 1 – subject site & existing dwelling

Figure 2 – site plan

Figure 3 – Floor Plans

Figure 4 – Elevations

Figure 5 – existing and proposed roof

background
The existing development was originally approved by Council in October 1983 (TPC1632 – 25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently approved on the site in December 2000 (18478DA). The units are used for short term accommodation, rather than for permanent occupation.
A change to the development approval to enclose the manager’s residence car space into an office was approved June 2006.
In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in accordance’ with the existing approval.
On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area of the ground floor of unit 22.
On 12 October 2015, Council approved a change to an existing approval to enclose the carport of unit 11 (13.3m2 to be enclosed).
On 17 March 2016, Council approved a change to an existing approval to enclose the carports of units 14 and 25 (an additional 14m2 per unit).
On 12 May 2016, Council approved a change to an existing approval for the redevelopment of Unit 15 of that sought to the replace the existing dwelling unit on site with a new dwelling unit with an increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and pool.
On 29 March 2017, Council approved a change to an existing approval to enclose part of the car port of unit 20 by 20.5m2.  This change did not approve a space capable of being a bedroom as this was not applied for.  The plans annotated to remove a wall.

On 5 April 2017, Council approved a change to an existing approval to enclose part of the car port of unit 20 by 8.554m2 of gross floor area and reconfigure (change to internal layout) level 1 and 2.
On 1 August 2017, Council approved a change to an existing approval to enclose part of the car port to create a room capable of being a bedroom of Unit 20.
On 1 August 2017, Council approved a change to an existing approval to partially enclose under the existing unit and to reconfigure the second floor relating to unit 5.
On 17 April 2018, Council approved a change to an existing approval to partially enclose the subfloor area of Unit 21 to provide a covered entry and storeroom area, an expanded bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an additional 18m2 of of gross floor area.
On 19 November 2020 Council approved a change to an existing approval for an extension to Unit 17 resulting in an additional 90.69m2 of gross floor area to extend all levels and include an additional storey.
A prelodgement meeting was undertaken (PLM19/0024) in relation to this proposal.  Appropriate setbacks to adjoining units and the importance of design was discussed.  The proposal as recommended in this report is generally in accordance with the meeting minutes.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan 2006.
The following codes from the Noosa Plan are applicable to this development:
Noosa Heads Locality Code
Residential Uses Code
Landscaping Code
Engineering Works Codes
Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the use is not changing and is well within the maximum permissible gross floor area and site cover for the site.  Although the development includes an additional storey and the built form is changing, the height is increasing marginally and the proposed increase and design is in accordance with Planning Scheme requirements;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
where the original application was code assessable, the change would not cause the application to become impact assessable.
Statutory Instruments – Planning Scheme
The application was lodged under Noosa Plan 2006 and is to be assessed under that planning scheme. The subject land is located in the Noosa Heads Locality and is to be assessed against the Noosa Heads Locality Code. The most relevant specific outcomes under Locality Code area discussed below:

Criteria	Planning Scheme (NP2006)	Existing Situation + previous minor change .12	Proposal	Complies
Population density	280 persons/ha Or <140 persons for this site (4933m2)	60 persons	No change	
Plot ratio	5680 m² max	2410.74m2 residential plus 850m2 commercial	Additional 68.4 m² totalling 2479.14 m² for residential (Total 3329.14m2)	
Site cover	45% max (2219.85m2)	35.8%	Additional  .031%  (19.8m2) Totalling 35.831%	
Setbacks	To Hastings St and Noosa Drive	n/a	This proposal is assessed against Specific outcomes O8	
Building height storeys metres	4 storeys max 15 metres	3 storeys 10.3m	4 storeys 11.92 metres	
Length of wall	15 metres max	6.9 m	7.7 metres	
Carparking	1 covered min	1 covered	No change	
Applicant’s Request
The applicant has submitted proposal plans that indicate the extent of the renovations, which is outlined in the proposal section of this report. Changes will result in a change to the plans table outlined in Condition 2.
Assessment of Request
The proposal complies with the density, plot ratio and site cover provisions sought by Noosa Plan 2006.  Setbacks, amenity and landscaping are pertinent issues for discussion as follows.
Setbacks
The proposed development is located within a group title lot, and it is noted that setbacks in Schedule 1 do not address this scenario. The setback requirements in the schedule refer to setbacks to boundaries to Hastings St, Noosa Drive and Noosa Parade only. Therefore the proposal must be assessed against Specific Outcome O8 in the Noosa Heads Locality code.
This outcome seeks that buildings are appropriately designed and sited to:
a) provide amenity for users of the premises as well as preserve the visual and acoustic amenity of adjoining and nearby properties;
b) provide adequate distance from adjoining land uses
c) preserve any existing vegetation that will buffer the proposed building;
d) allow for landscaping to be provided between buildings;
e) maintain the visual continuity and pattern of buildings and landscape elements within the street; f) protect public safety and property within erosion prone areas by ensuring such areas are maintained largely free of development; and
g) help protect the natural character and visual amenity of coastal areas and watercourses.
Preserving amenity for users of the premises and preserving landscaping between buildings is most relevant to this site, as the multiple dwelling units currently maintain some separation from each other and mature vegetation exists on site.
The existing units are all sited relatively close together and staggered in terms of their orientation throughout the site. Existing decks are generally located in a northerly or easterly orientation.  For example the upper deck on neighbouring Unit 20 is orientated east, facing the existing deck on Lot 19.  Refer to Figure 6. Some decks have privacy screens which is common throughout the development as is the orientation of the decks, where some face or align with each other.
The proposal results in an expansion of the existing building footprint to occupy more of the northern part of the lot.

East/west boundaries:
The existing unit is located on the eastern boundary of the lot/site which adjoins the adjacent public walkway.  Extensions result in eaves along this boundary, while the walls and new deck are setback marginally from the walkway. The redevelopment includes built form that extends a further 2.454m along the eastern and western boundaries that currently exists. This extension replaces an existing level 1 balcony with a stairwell/landing and new balcony. Refer Figures 6 – existing balcony and new balcony.

Figures 6 – existing balcony and new balcony
A new balcony on level 1 is also located on the eastern boundary of the lot, but at this point the boundary is setback 1 metre from the site boundary/pedestrian walkway.  The new deck is located on the most northern portion of the lot and also located on that portion of the western boundary, with no setback proposed.
Some concerns were raised by the neighbouring unit with regard to overshadowing and loss of light with regard to the new balcony extending beyond the existing footprint.
The proposed deck on the western boundary is setback 6 metres to the wall and 4.1 metres to the balcony of adjoining Unit 20.  The balcony is at a height of 5.21-5.25 metres (skillion roof), and at this setback is unlikely to shade adjoining Unit 20, due to Unit 19’s positioning  to the east of Unit 20.  A modelling program (SunCalc) for the balcony structure confirmed that no overshadowing affecting Unit 20 could occur with respect to the new balcony on level 1 (to top of the roof).  In fact Unit 20 shades Unit 19 from mid afternoon most days.   However, the balcony is proposed to be constructed on both the east and west lot boundaries.  This restricts the ability for landscape buffering to soften the built form and magnifies the impact of built form where built form currently does not exist.  Built to boundary on the subject lot may also disadvantage future development for Unit 20.
Therefore, it is proposed to condition the setback of the proposed level 1 deck 0.5 metres from the western boundary and an additional 0.5m setback from the northern boundary resulting in a 2 metre wide (in lieu of 2.454m) and 3m wide deck in lieu of 3.5m to allow additional landscaping to soften the new built form where viewed from the private open space of Unit 20.
Privacy screens on the new balcony are proposed which will preserve privacy between Unit 19 & 20.
Northern boundary:
There are 2 boundaries that can be considered northern boundaries due to the shape of this site.  A new deck on level 1 extends a further 2.454 metres beyond the existing building footprint, with a setback of 3.1 metres from the outmost northern boundary. The setback of this structure extending towards the northern outermost boundary and along the side boundaries is the main consideration as discussed above.
With regard to the L shape northern boundary, the first 3 levels of the building are setback 1 metre and the upper terrace setback 1.56 metres from this boundary.  The corner of the terrace on the upper level is proposed to be setback 2 metres from the boundary and the adjoining Unit 20’s level 1 deck which is located on the boundary and nearly 4 metres from the Unit 20’s wall.  Refer Figure 7 – L shape northern boundary setback.  This setback is consistent with the approval for Lot 17 and provides adequate separation between buildings, where landscaping can be included to preserve amenity.  Privacy screening is proposed and it is considered that existing conditions 12 & 13 ensure that privacy is maintained with regard to sill height and screening.

Figure 7 – L shape northern boundary setback – setbacks with respect to neighbouring deck
Southern boundary:
The entire western portion of the southern part of the site will remain completely undeveloped with the exception of entry paving and landscaping.
The footprint of the building expands marginally (0.5 metres) to the west along part portion of the southern boundary.  Setback to adjoining Lot 20 is discussed above.
Proposed window hoods and eaves along the southern wall of the building are located in an exclusive use area (for Lot 19) of common property.  The Community Management statement (CMS) provided by the applicant stipulates that that eaves are allowed in this exclusive use area. It is considered that eaves/window hoods serve as the same function and therefore consistent with the allowable structures allowed in the exclusive use area as stipulated by the CMS. Further, the window hoods provide articulation to the building and therefore there are no issues associated with this encroachment.

The majority of the new building footprint is setback enough to allow for landscaping between buildings and preserve amenity.  Despite the footprint of the dwelling increasing in size, the proposed development, including relevant conditions preserves the existing amenity and complies with the Specific outcome O8.
Design
The design utilises a mix of materials which add texture and variety.  The building has eaves, window hoods and privacy screen that add further articulation.  It is considered that the building meets the character requirements in Noosa Plan.
Landscaping and tree removal
No trees are required to be removed as part of the unit redevelopment. However, the applicant has indicated that they will be removing 2 x water gums that are in garden area, near the western boundary. An arborist recommended that these two trees are removed as they are both in poor health, 50% of the canopy is dead, and branches are falling – one of the trees overheads the public easement walkway. The poor health of these trees was observed during a site inspection for this application.
The applicant proposes significant additional landscaping, and has provided a landscape concept plan.  Corresponding landscaping conditions have been included to incorporate this into the existing landscaping conditions that relate to the entire site.
Administrative amendment to conditions 16-18
Existing conditions 16-18 refer to landscaping requirement relating to the redevelopment of Lot 17 only, but do not refer to Lot 17.  New conditions relating to the redevelopment of Lot 19 are to be included and it is important that all the conditions relating to the site and each lot are clear in list of conditions. Therefore it is proposed to amend existing Conditions 16-18 as an administrative amendment.
It is important to note that all other conditions of the approval relate to every redevelopment within the site, not just new ones resulting from each minor change.
Infrastructure Charges
The plans show a room on the ground level which is labelled a storeroom.  A condition has been included to prohibit this space being used as a habitable space. This has been discussed with the Infrastructure Charges officer and it has been confirmed that no infrastructure charges are applicable in this case.
noosa plan 2020
Under the Noosa Plan 2020, the subject site is located within the Visitor Accommodation Zone. The Visitor Accommodation Zone generally reflects the intent of the Visitor Mixed Use Zone under Noosa Plan 2006.
Plot ratio, and site cover provisions are the same in Noosa Plan 2020 as they are in Noosa Plan 2006.  Similarly setback, height and storey provisions are the same as Noosa Plan 2006.

cONSULTATION
Referral Agencies
Not applicable
Other Referrals
The application was forwarded to the following internal Council specialists:
Environmental officer, Development Assessment

conclusion & reasons for decision
Twenty-five multiple dwelling units were approved in 1983 and due to their age require significant maintenance and renovations. The proposed development is for the same residential use on the land with the change being to built form only.  The proposed architectural treatments and new landscaping will result in an improved visual and acoustic privacy of residents on the site and for surrounding residential properties.  The proposed development respects and complements the existing neighbourhood character, contributes positively where viewed externally, provides for an attractive and contemporary design and provides for some variation and vitality in setback alignment.
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.

RECOMMENDATION
With regard to Application No. 51983.3225.13, to make a minor change to an existing approval for to make a minor change to an existing approval for Town Planning Consent 1632 situated at The Hastings 19/30, Hastings St Noosa Heads described as Lot  19 GTP 1154, Council on  decided to:
A.	Approve the change.
B.	Amend condition 2 & 18, to read as follows:
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.

Approved Plans

Plan No.	Rev.	Plan, prepared by	Date
No.1		Perspectives & Notes, prepared by Accolade Building Designs	22/07/2014
No.3		Ground Floor & 1st Level, prepared by Accolade Building Designs	22/07/2014
No.4		Elevations, prepared by Accolade Building Designs	22/07/2014
Approved Plans  - October 2015
DA 3001	A	Site Plan, prepared by Peter Hull Architect	Sept 15
DA 3002	B	Floor Plans, prepared by Peter Hull Architect	Sept 15
DA 3004	A	Ground Floor and Carport Plan, prepared by Peter Hull Architect	Sept 15
DA 4001	B	Sections, prepared by Peter Hull Architect	Sept 15
DA 5001	B	Elevations, prepared by Peter Hull Architect	Sept 15
Approved Plans – March 2016
		GRND FLR – Proposed (Unit 14), prepared by LPID	14/10/2015
		Elevation (Unit 14) – East Facing (Street Frontage), prepared by LPID	14/10/2015
		Elevation – North Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – South Facing (Unit 14), prepared by LPID	14/10/2015
		Elevation – West Facing (Unit 14), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 14), prepared by LPID	14/10/2015
		GRND FLR – Proposed (Unit 25), prepared by LPID	14/10/2015
		Elevation (Unit 25) – South View, prepared by LPID	14/10/2015
		Elevation – East (Unit 25), prepared by LPID	14/10/2015
		Elevation – West (Unit 25), prepared by LPID	14/10/2015
		Elevation – North (Unit 25), prepared by LPID	14/10/2015
		3D Views – Exterior (Unit 25), prepared by LPID	14/10/2015
Approved plans – May 2016
Plan No.	Rev.	Plan, prepared by	Date
DA.01	B	Location Plan prepared by Bark Design Architects	26/02/2016
DA.02	C	Site Plan prepared by Bark Design Architects	23/02/2016
DA.04	C	Ground Floor Plan prepared by Bark Design Architects	23/02/2016
DA.05	C	First Floor Plan prepared by Bark Design Architects	23/02/2016
DA.06	C	Second Floor Plan prepared by Bark Design Architects	23/02/2016
DA.07	C	Roof Terrace Plan prepared by Bark Design Architects	23/02/2016
DA.11	B	South Elevation prepared by Bark Design Architects	26/02/2016
DA.12	B	East Elevation prepared by Bark Design Architects	26/02/2016
DA.13	B	North Elevation prepared by Bark Design Architects	26/02/2016
DA.14	B	West Elevation prepared by Bark Design Architects	26/02/2016
Approved plans – March 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – April 2017 Unit 13
Plan, prepared by	Date
Site plan, prepared by Mandy’s Design and Drafting	March 2017
Proposed floor plan, prepared by Mandy’s Design and Drafting	March 2017
Elevations, prepared by Mandy’s Design and Drafting	March 2017
Approved plans – August 2017 Unit 20
Plan No.	Plan, prepared by	Date
1016HMK Sheet 1	3D rendering, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 2	Floor Plans, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 3	Ground Floor plan, prepared by Accolade Building Designs	23 March 2017
1016HMK Sheet 4	Elevations, prepared by Accolade Building Designs	23 March 2017
Approved plans – August 2017 Unit 5
Sheet 1 of 4 Issue A	Site Plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 2 of 4 Issue A	Existing Floor Plans, prepared by Mandy’s Design and Drafting	July 2017
Sheet 3 of 4 Issue A	Proposed floor plan, prepared by Mandy’s Design and Drafting	July 2017
Sheet 4 of 4 Issue A	Elevations, prepared by Mandy’s Design and Drafting	July 2017
Approved Plans – April 2018 Unit 21
Sheet 1 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 2 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit, prepared by Accolade Building Designs	26/04/2018
Sheet 3 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (floor plans), prepared by Accolade Building Designs	26/04/2018
Sheet 4 of 6	Proposed Partial Enclosure of Ground Level Under Existing Unit (elevations), prepared by Accolade Building Designs	26/04/2018
Approved Plans – 19 November 2020 Unit 17
Sheet 01, Issue D	Site Location, Site Plan & Floor Plans, prepared by Innovate Architects	October 2020
Sheet 02, Issue D	Elevations, Section & External Finishes Schedule, prepared by Innovate Architects	October 2020
Sheet 07 Issue C	Perspectives, prepared by Innovate Architects	October 2020
Approved Plans – March 2020 Unit 19
A01	Site Location, Site Plan & Calculations, prepared by Lisa Page	22 January 2021
A02	Ground Floor Plan – with proposed alterations, prepared by Lisa Page	22 January 2021
A03	Level 1 Floor Plan, prepared by Lisa Page	22 January 2021
A04	Level 2 Floor Plan, prepared by Lisa Page	22 January 2021
A05	Level 3/Terrace, prepared by Lisa Page	22 January 2021
A06	Elevations Views: North & South facing, prepared by Lisa Page (as annotated by Council)	22 January 2021
A07	Elevations Views: East & West facing, prepared by Lisa Page (as annotated by Council)	22 January 2021
A08	Perspective view, Terrace level, prepared by Lisa Page	22 January 2021
A09	Perspective views: south, west, north facing, prepared by Lisa Page	22 January 2021
A10	Perspective views: south/east/north views, prepared by Lisa Page	22 January 2021
A11	Section view-east facing, prepared by Lisa Page	22 January 2021
A12	External Material Finishes Palette by Lisa Page	22 January 2021
-	Landscape Concept Design document including site plan and perspective, cross sections, look and feel and design, prepared by Louise Custance	-
18.	The development site must be landscaped generally in accordance with Planning Scheme Policy PSP03 – Landscaping Plants and guidelines and the following requirements:
Lot 17 - 2 x 45L Small Leaf Lilly Pilly’s (Syzygium luehmannii) planted in the general location of the vegetation approved for removal.
Lot 17-3 x 45L trees listed in the PSP03 suitable for the Noosa Heads locality must be planted between the building and the northern boundary and north western corner of Lot 17 that grow to a maximum height of 7 metres.
c)	Lot 19 - the works as generally shown on the approved Landscape concept plan as prepared by Louise Custance except for the usage of exotic species and include 2 advanced local native tree species in a pot size of no less than 45L that grow to a maximum height of 7 metres.
d)	Lot 19 – Landscaping must be provided between the building and western boundary that grow (on average) to a maximum height of 5 metres in order to soften the built form where viewed from the west.

C.	Administrative amendment to Conditions 16, 17 & 18 a) & b) to refer to Lot 17 as follows:
The Cocos palm on Lot 17 must be removed prior to construction works commencing on site.
The Hills Fig tree on Lot 17 may be removed as part of preparing the site for construction.
18.	As amended above in Item B.

D.	Include the following additional conditions 34, 35 & 36 for Unit 19 as follows:
Special conditions relating to the redevelopment of Unit 19 only
34.	The Level 1 balcony is to be setback 0.5 metres from the western boundary and 3.5 metres from the northern boundary.
35.	All parts of the building must be wholly contained within Lot 19 with the exception of structures in the exclusive use area as stipulated by the Community Management Statement for the site.
37.	The storage room on the ground level is not to be used as a bedroom or as any other habitable room.

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