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19093_Council_Minor Change Application_150419 · 51993.594.01

Attached to the e-mail Change to DA (Extensions to unit 6) TPC2534 - 51993.594.01.

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Monday, 15 April 2019

Our Ref: 19093 / Office: Sunshine Coast



        NOOSA COUNCIL
        PO BOX 141
        TEWANTIN QLD 4565

        ATTENTION:      Development Assessment


Dear Sir/Madam

MINOR CHANGE APPLICATION
TOWN PLANNING CONSENT PERMIT 2534

26 SUNSEEKER CLOSE, NOOSAVILLE
LOT 6 & COMMON PROPERTY ON BUP104383

In relation to the abovementioned Development Approval originally granted by Noosa Council on 21
July 1993, on behalf of the owner of Lot 6, we hereby make a change application pursuant to Section
78 of the Planning Act 2016.

Please find enclosed the following documentation to facilitate Council’s assessment of the request:

   Form 5 – Change Application Form
   Consent of the Body Corporate
   Proposal Plans

Payment of the required fee will be made following receipt of Council’s invoice.


PROPOSED CHANGE

It is proposed to undertake a minor extension of Unit 6 in accordance with the attached proposal
plans. The proposed extension will replace an existing approved covered pergola (refer building
                                               2
approval plans in Attachment A) with a 16m ground level extension of the units kitchen and living
area. The extension will not change site density and will comply with the GFA and site cover provisions
of the Noosa Plan. The only area of noncompliance is setback to the western boundary. The original
approved setback to this boundary was 1.5m to single level garages and 2.7m to the 2 storey unit. It
is noted that the approved and existing covered pergola has a zero boundary setback. On the basis of
the original approval it is reasonable to expect that a 1.5m setback to single level building components
would be achievable. The extension proposes a 0.9m setback for a wall length of 6.6m. This reduced
setback wall length will not contain any openings and will have a height of 2.6m. This boundary
adjoins unconstructed road reserve of about 6m in width that is grassed and landscaped. While
pedestrians can access this area from Gibson Road it terminates at the Noosa Waters canal does not
provide any through pedestrian movement. A separation of more than 12m will be achieved between
the proposed extension and the closest building adjoining to the west. It is considered that the
proposed reduced setback will not have any detrimental impacts on adjoining areas and uses.
Full text of the other 7 pages

Page 2

STATUTORY ASSESSMENT

Planning Act 2016 defines a minor change as:

A minor change, for a development approval, is a change to the approval that —

      i.   would not result in a substantially different development; and

       The DA Rules state:

       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.

       A change may be considered to result in a substantially different development if the proposed
       change:

          Involves a new use; or

           Comment: The proposed change does not involve a new use.

          Results in the application applying to a new parcel of land; or

           Comment: The proposed change does not involve any new parcels of land.

          Dramatically changes the built form in terms of scale, bulk and appearance; or

           Comment: The proposed change does not dramatically change the built form in terms of
           scale, bulk and appearance

          Changes the ability of the proposed development to operate as intended (for example,
           reducing the size of a retail complex may reduce the capacity of the complex to service the
           intended catchment); or

           Comment: The proposed change does not change the ability of the proposed
           development to operate as intended.

          Removes a component that is integral to the operation of the development; or

           Comment: The proposed change does not remove any integral components of the
           development.

          Significantly impacts on traffic flow and the transport network, such as increasing traffic to
           the site; or

           Comment: The proposed change will not significantly impact on traffic flow or the
           transport network.

          Introduces new impacts or increases the severity of known impacts; or

           Comment: The proposed change will not introduce new impacts or increase the severity of
           known impacts.

Page 3

           Removes an incentive or offset component that would have balanced the negative impact
            of the development; or

            Comment: No development incentives or offsets are removed by the change.

           Impacts on infrastructure provisions.

            Comment: The proposed change will have no impact on infrastructure provision.



      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

                Comment: The proposed change does not include any prohibited development.

                B. referral to a referral agency, other than to the chief executive, if there were
                   no referral agencies for the development application; or

                Comment: No referral to a referral agency would be required.

                C. referral to extra referral agencies, other than to the chief executive; or

                Comment: No referral to a referral agency would be required.

                D. a referral agency to assess the application against, or have regard to, matters
                   prescribed by regulation under section 55(2), other than matters the referral
                   agency must have assessed the application against, or have had regard to,
                   when the application was made; or

                Comment: No additional referral agency assessment criteria is triggered.

                E. public notification if public notification was not required for the
                   development application.

                Comment: The original application required public notification.

Accordingly, the subject change is a minor change.


CONSISTENCY ASSESSMENT

Pursuant to Clause 81(3) the responsible entity -
   (a) must assess against, or have regard to, the matters that applied when the development
       application was made; and

        Comment: The proposed change is a minor increase in development area and remains
        generally consistent with the original approval and the criteria that applied when the
        development application was made.

Page 4

    (b) may assess against, or have regard to, the matters that applied when the change
        application was made.

        Comment: The proposed change is a minor increase in development area and is generally
        consistent with the provisions of the current Noosa Plan, with the exception of the western
        boundary setback as detailed above.


CONCLUSION

The proposed change does not compromise the intent of the original approval and generally complies
with the provisions of the current Noosa Plan. Approval of the minor change is warranted.

Should you have any questions with respect to the above, please do not hesitate to contact me direct.


Yours faithfully,
PROJECT URBAN




Scott Sobey
DIRECTOR
Email: [email protected]

Page 5

  ATTACHMENT A
Pergola building approval


[OCR of page images]
ATTACHMENT A

 

Pergola building approval

Page 6

                                                                                                                 LOT 6
                                                                                                                 RP 865310

                                                                                                                 PARISH OF WEYBA

                                                                                                                COUNTY OF MARSH

ENT                                                                                                             SITE AREA :          2160 m'
                                                                                                               BtP :104 363




                                                                                              Q-CERT PTY LTD
                                                                                        3tJILDING WORKS APPROVAL

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      83'46'4                                                                     2/ THE SU.i-m^NABLE PLANNING ACT 2009
                                            9p 53'20„                                  THE BUILDING AC? C_> 1975 as ammended
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Page 7

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Page 8

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