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Martoo Planning Statement
Attached to the e-mail MCU15/0070.01 Request to change existing approval - 38 Park Crescent, Sunshine Beach.
Council’s Reference: MCU15/0070 Our Reference: 01781 L05 NG th 30 March 2016 Chief Executive Officer Noosa Council PO Box 141 TEWANTIN QLD 4565 Confidential Email Transmission: [email protected] Original in Post: No Dear Sir/Madam RE: REQUEST TO CHANGE EXISTING APPROVAL___________________________________ Application for a Material Change of Use for a Detached house Located at 38 Park Crescent, Sunshine Beach and Described as Lot 598 on RP48112: MCU15/0070 In October 2015, Council issued a preliminary approval for a Material Change of Use of Premises for a Detached House at the above site in Sunshine Beach which required the site cover of the detached house to be reduced to 35%. Following submission of amended plans which reduced the site cover, Council issued a Development Permit in November 2015. The applicant has now commenced detailed design drawings for the detached house which has resulted in a change to the approved building with a reduction in height and scale of the building. The applicant therefore seeks approval to change the existing approved plans with the revised plans and amend conditions 3 and 8. The proposed changes include: • Removal of upper level/mezzanine bedroom and ensuite; • Reduced ground floor level kitchen/ dining and deck areas; • Reduced lower ground floor area; • Reduction in overall length of building; • Removal of pool at rear of site and relocation to front of site; • Reduced undercroft area and conversion to rumpus; • Increased soft landscaping at rear of site; • Lighter building construction; • Screening provided along full length of southern side of ground floor deck as required under condition 7 of the approval; PROPOSED CHANGES TO EXISTING APPROVAL Condition 3 – replace approved plans with plans submitted as part of this application prepared by Nof Architects. As detailed above the amended plans are a significant reduction in the overall height and scale of the building, provide a more lightweight building and provide significant landscaped areas to the beach.
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Condition 8 - details the following setback requirements:
8 The retaining wall and associated screening fence/wall (faced with hardwood timber) located near the
southern boundary must be:
a. setback 1.5m up to 4.5m in height
b. setback 2m between 4.5m – 7.5m in height.
By relocating the pool from the rear of the site to the front, the applicant provides a greater landscaped
area to the beach front. However by relocating the pool to the front a small section of the screen fence
associated with the pool does not comply with the 2 metre setback. The area of intrusion is minor with
only 1.4 metres of the screen fencing extending into the 1.5 metre setback. It is noted that the screen
could be reduced in height to comply with the setback requirement however this would reduce the
amenity and privacy for both the applicant and the adjoining premises.
The minor intrusion is considered acceptable and aids in maintaining privacy for both properties whilst
still permitting landscaping to be provided between the two buildings. The condition is recommended
to be deleted.
STATUTORY REQUIREMENTS
In accordance with section 367 of the Sustainable Planning Act 2009, a change to development
approval is defined as:
(1) A permissible change, for a development approval, is a change to the approval that
would not—
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies; or
(ii) for an approval for assessable development that previously did not require
impact assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make
a properly made submission objecting to the proposed change, if the circumstances
allowed; or
(d) cause development to which the approval relates to include any prohibited
development.
The proposed changes to the existing approval are considered to be consistent with the approved
development and to comply with the definition for permissible change because the proposed changes to the
approval would not: require referral to additional concurrence agencies; change the level of assessment;
cause a person to make a properly made submission; or cause the development to include any prohibited
development.
CONCLUSION
The amended plans represent a substantial reduction to the approved built form for the site and
reduces the presentation of the building to the street and adjoining properties. The proposed dwelling
is located fully within the approved building envelope and complies with the Noosa Plan. The minor
intrusion of screen fencing into the southern side boundary setback side is considered acceptable as it
maintaining privacy for both properties. The application is supported.
This application is submitted electronically and the following documents are attached:
1. Completed Noosa Council Changes Form – Request to change existing approval;
2. Revised Proposal Plans prepared by NOF Architects
Council application fees will be paid electronically upon confirmation of amount and file reference.
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Page 3 Please do not hesitate in contacting our Sunshine Coast office if Council requires any further information and/or clarification in relation to these representations. Yours faithfully, Nadine Gorton Senior Planner martoo consulting pty ltd