Martoo Planning Statement

   Page 2


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.