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Minor Change Report 51997 2399 02 [As Published] · 51997.2399.02
APPLICATION FOR A MINOR CHANGE TO A DEVELOPMENT APPROVAL
Author Planning Advisor
C/- Development Planner, Georgina Schramm
Development Assessment
APPLICATION DETAILS
Application No. 51997.2399.02
Development Approval Town Planning Consent & Permitted development for Multiple
Dwelling units x 8 & shops, restaurant and outdoor dining
areas.
Applicant Philip Sachs and Deborah Sachs
Request Received On 10 October 2023
Report Reviewed By Tara Norley – 29 November 2023
Decision Due Date 10 November 2023
PROPERTY DETAILS
Property Address Riverside Noosa 3/235 Gympie Tce Noosaville Qld 4566
RP Description Lot 7 SP 116711
Land Area 662.65m2
Existing Use of Land Multiple Dwellings (8 units), Shops, Restaurant
STATUTORY DETAILS
SEQRP Designation Urban Footprint
Zone Tourist Accommodation
Precinct Not applicable
Local Area Plan Noosaville
Overlays Flood Hazard
Assessment Type Minor Change to Development Approval
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Document Set ID: 22660131
Version: 6, Version Date: 30/11/2023
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1. PROPOSAL
The applicant seeks approval to change to an existing development approval for the purpose of a
retractable awning over the balcony of Unit 3, 235 Gympie Terrace, Noosaville. The awning on the
upper level will have the dimensions of 5.4m x 2m when fully expanded.
Unit 3 fronts Gympie Terrace and is located on the northwestern corner of the 3rd storey. The unit
contains 3 bedrooms, a bathroom, ensuite, laundry, an open planned kitchen/living dining area and
a north facing balcony. The balcony is provided with limited weather protection, which consists of
a small curved awning. The proposed awning would have dimensions of 5.4m x 2m.
The proposed awning will have a setback of 7 metres from the front boundary in lieu of 8 metres
for the third level.
The locality and proposal plan are included below.
Figure 1 – Locality
Figure 3 – Floor Plan
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Figure 3 – Existing Street Elevation – Unit 3
Figure 4 – Perspective
2. BACKGROUND
A development approval for Multiple Dwellings (8 units) & Shops, Restaurant & outdoor dining
areas was approved on 10 September 1998.
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On 1 September 2022 a minor change was approved to install a retractable awning for Unit 4.
3. ASSESSMENT
3.1. 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; and
• The Noosa Plan 2020.
3.2. 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 proposal
remains consistent with the approved use and built form;
• 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.
3.3. Statutory Instruments – Planning Scheme
The following codes from the Noosa Plan 2020 are applicable to this development:
• Tourist Accommodation Zone Code
• Noosaville Local Plan Code
• Dual Occupancy and Multiple Dwelling Code
• Works Codes
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Applicants Request – Awning Unit 3
The proposed retractable awning is situated above an existing balcony and consequently would
not contribute to any additional site cover. It would also be located within the existing footprint and
maintain setbacks.
The existing units were not provided with sufficient weather protection to the balconies, which were
limited to a small curved awnings. The proposed retractable awning would enhance liveability of
the dwelling, promote outdoor living and better respond to Noosa Shire’s subtropical climate.
While not achieving the acceptable outcome, it is considered that the proposed additions comply
with Performance Outcome PO13 of the Tourist Accommodation Zone Code for the following
reasons:
• the retractable awning would provide a high level of amenity for the users of the subject site
in that:
▪ the existing dwelling did not provide sufficient weather and sun protection to the balcony.
The proposed retractable awning would allow the balcony to be provided with a covered
area having dimensions of 5.4m 2m (10.8m2) which would be of adequate size, shape
dimensions to support outdoor living opportunities that to meet the needs of the occupants
and protect the habitable living areas of the dwelling;
▪ the deck extension would enhance liveability of the dwelling and promote outdoor living;
and
▪ it would better respond to Noosa Shire’s subtropical climate and improve its passive
design.
• the proposed awning is a low profile, open and lightweight and retractable structure and would
maintain visual and acoustic privacy for adjoining residents and not unreasonably obstruct
views;
• the awning will provide an adequate separation from the adjoining land uses, being positioned
a minimum of 2m from the western side boundary and consistent with the setback of the
existing balcony;
• the proposed awning will not impact on landscaping provisions;
• the proposed setback will be consistent with the awning approved for Unit 4 and the
predominant character of the area and maintain the visual continuity and pattern of buildings,
in that:
▪ the adjoining property to the east comprises a large 3 storey building which provides a
minimum setback of 5.5m from its outermost projection at the 3rd storey to the front
boundary;
▪ the adjoining property to the west comprises a large 3 storey building which provides a
minimum setback of 3m from its outermost projection at the 3rd storey to the front
boundary.
Assessment of Request
The proposed retractable awning to Unit 3 on the third level of the building façade is consistent
with the relevant built form provisions of the Noosa Plan in that the retractable roof form will be of
a lightweight appearance that will blend with the main façade and not add any additional bulk to
the building appearance. It will also be consistent with the awning approved for Unit 4.
The proposed setback of 7 metres does not comply with Acceptable outcome AO13.1 the Zone
Code. The proposal complies with corresponding PO13 however, as it will not have any
detrimental impact on streetscape amenity as the proposed setback will be consistent with the
existing built form, predominant character of the area and it maintains the visual continuity and
pattern of buildings in adjacent lots. Additionally, the proposed awning does not increase the site
cover or plot ratio (GFA) of the existing development.
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Therefore, proposed minor changes to include a retractable awning for Unit 3 is considered to
comply with the relevant provisions of the Noosa Plan 2020. The request to change the approval
and incorporate additional approved plans pertaining to Unit 3 can be supported.
4. CONSULTATION
4.1. Referral Agencies
Not applicable
4.2. Internal Council Referrals
Not applicable
5. CONCLUSION & REASONS FOR DECISION
The proposed development generally complies with the requirements of the planning scheme and
does not raise any significant issues that cannot be addressed by reasonable and relevant
conditions. 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. 51997.2399.02, to make a minor change to an existing approval for
Multiple Dwellings (8 units), Shops, Restaurant & outdoor dining areas situated at Riverside Noosa
3/235 Gympie Tce Noosaville described as Lot 0 SP116711 & Lot 7 SP116711, Council on 29
November 2023 decided to:
A. Approve the change.
B. Amend conditions 26 & 27 to read as follows:
Approved Plans
26. Development is to be undertaken in accordance with this change to existing approvals
51997.2399.01 & 51997.2399.02 must generally comply with the approved plans of
development. The approved plans relating to the development and Unit 3 & 4 are listed
in the following table unless otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
- - Level 3 Plan, prepared by Greg Gibbs 16 November 2022
Architects (amended by Brennan Planning Pty (received by Council)
Ltd) (Unit 4)
- - Elevation Plan, prepared by applicant (Unit 4) 5 September 2022
(received by Council)
Level 3 Plan, prepared by Greg Gibbs 10 October 2023
Architects (amended by Brennan Planning Pty
Ltd) (Unit 3)
Elevation Plan, prepared by applicant (Unit 3) 10 October 2023
27. The approved awnings associated with Units 3 & 4 must be contained within the
curtilage of the building and are not to project beyond the existing balconies.
C. Include additional condition 28 as follows:
28. The awning above the balcony on Unit 3 must be lightweight, retractable and blend
with the existing buildings façade.
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Document Set ID: 22660131
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