L14 Lodge revised plans for minor change platform and roof · MCU14/0084.03

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Figure 1 approved generally in accordance            Figure 2 proposed plan of spa and platforms




Figure 3 illustrates the appearance of the spa.

The applicant notes that whilst the fall prevention platform cantilevers into the open space
conservation zone, this area of intrusion is minor with a dimension of 0.56m. It is noted that this
cantilever:

    •   does not impact on vegetation
    •   enables new plantings to be provided beneath
    •   will not be able to be viewed by beach or national park users
    •   is lightweight
    •   does no compromise the integrity of the open space zone.

The applicant seeks Council support to approve these amended plans as well as change condition 9
of MCU14/0084 which states:

9. The building must be setback 6m from the southern boundary, except for construction elements
such as contiguous piling and the ‘dry zone’ which must be setback a minimum of 1.5m at the light
court. The contiguous piling and the ‘dry zone’ to the east and west of the light court must be setback
in accordance with the approved plans.

The applicant requests that the condition be reworded to reference the fall prevention platforms along
both the southern and eastern open space boundary.

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Revised Roof Level

The applicant also seeks to amend the approved plans to increase the internal ceiling height of the
level 2 entry foyer which results in the concrete roof slab being increased by 400mm and the roof edge
parapet. The revised height is still well below the stipulated 8.0 metre height limit and will not be visible
to surrounding residents.

The applicant seeks Council approval include the attached revised plans in the approved documents


Minor Change

The proposed fall prevention platform and revised roof are still considered to be consistent with the
definition of a minor change as detailed in the Planning Act is detailed below. The Planning Act 2016
states that a minor change:

      b) for a development approval, is a change to the approval that —
        (i) would not result in a substantially different development; and

      The proposed works are considered to comply with the provisions relating to a minor change
      and are not considered to be a substantially different development as detailed by the
      Development Assessment Rules which include:

          (a) involves a new use;

                  No new use proposed.

          (b) results in the application applying to a new parcel of land;

                  No new parcel of land to be utilised.

          (c) dramatically changes the built form in terms of scale, bulk and appearance;

                    Building form not dramatically altered as proposed solar panels located over existing driveway and main
                    building form retained in its approved form. Solar panels have been relocated to be below adjoining
                    existing dwellings.

                    Fall prevention platforms are minor, extend from the existing pool structure and do not contribute to
                    building scale or bulk.

                    New roof line is still below 8.0 metre height limit and comprises a further 400mm. The increased height
                    will not be visible to the beach or to surrounding areas.


          (d) changes the ability of the proposed development to operate as intended;

                  Proposed works enhance operation of dwelling.

          (e) removes a component that is integral to the operation of the development;

                  No components removed.

          (f) significantly impacts on traffic flow and the transport network, such as increasing traffic to the site;

                  Works do not impact on traffic flow or increase traffic to the site.

          (g) introduces new impacts or increase the severity of known impacts;

                  Proposed solar panels are located in a setback area that is currently approved for use as a driveway to the
                  dwelling. The panels have been located below the view lines of the existing dwellings to the west and will
                  not impact on the visual amenity of the area. The panels will not be visible to the beach front as they will be
                  screened by the existing building and do not impact on the stability of the site.

                  The proposed fall prevention platform is located at the end of the existing approved pool in an area already
                  disturbed. Revegetation and landscaping of the area around the spa and platform will limit any impacts on
                  the surrounding area.

                  New roof height is still below 8 metre limit and below sight lines of adjoining buildings.

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         (h) removes an incentive or offset component that would have balanced a negative impact of the development; or

                 No change to proposed use.

         (i) impacts on infrastructure provisions.

                 No change to existing infrastructure servicing the site as the proposed solar panels will reduce the reliance
                 of main power.

       (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;

                 The proposed works are not prohibited development.

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

                 The proposed works do not trigger referral to a referral agency.

                 (C) referral to extra referral agencies, other than to the chief executive;

                 The proposed works do not trigger referral to an extra referral agency.

                 (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;

                 The proposed works do not trigger referral to a referral agency.

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

                 The proposed works do not trigger public notification of the proposal


ASSESSMENT

The additional plans for the fall prevention platform associated with the spa detail an encroachment
into the 6 metre setback along the side boundary and into the open space conservation zone.

The proposed encroachment are considered to comply with Specific Outcome relating to setbacks as
detailed below:

      O1 Buildings and other structures are appropriately designed and sited to—
        a) provide amenity for users of the premises as well as preserve the visual and acoustic
             privacy of adjoining and nearby land uses;

              The area of encroachment relates to fall prevention platforms that are required for the
              spa area. It is noted that the spa itself is appropriately setback from the boundary.

              The platforms still enable the provision of substantial areas for screen planting and it is
              noted that the spa is located at a level similar to the pool of the adjoining dwelling
              however a sufficient landscape buffer of almost 4.0 metres is available for screen
              planting.

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     b) preserve any existing vegetation that will buffer the proposed building from adjoining uses;

     A revised landscape plan has been provided detailing screen planting of the setback.

     c) allow for landscaping to be provided between buildings;

     The encroachment still provides 3.9 metres of landscaping to be provided to the side
     boundary and does not change the location of the main building on site.

     d) maintain the visual continuity and pattern of buildings and landscape elements within the
     street;

     The proposed encroachment is consistent with the form of development on site and will not
     impact on the amenity of the surrounding area

     e) for class 10a structures, do not visually dominate the street;

     Area of encroachment not visible to street.

     f) avoid any significant adverse impacts on the natural values of waterways and their
     foreshores, including those of the Noosa River and its lakes; and

     Encroachment located above ground level and will not impact on the surrounding area.

     g)do not interrupt the natural cycles of erosion and accretion of waterways and foreshore
     areas

     Elevated structure clear of waterways and foreshore area.

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As detailed above the applicant seeks Councils support to approve a minor change to the existing
dwelling house approval for the site to enable the:

     •   provision of a large solar panel array (previously submitted);
     •   increased height of the roof slab for a portion of the building; and
     •   two fall prevention platforms, one of which extends into the southern side boundary and one
          which extends over the open space conservation zone.

Please find enclosed plans prepared by NRA architects and a Visual assessment prepared by James
Birrell Design Lab.


Yours faithfully,




Nadine Gorton
Senior Planner
martoo consulting pty ltd