210028 - Change Application · 51994.1222.01

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                                                                            Viva Property Group Pty Ltd
                                                                            Level M1
                                                                            88 Creek Street
                                                                            Brisbane Qld 4000

                                                                            T: 07 3831 5577
                                                                            E: [email protected]
                                                                            W: www.vivapropertygroup.com.au
Our Ref:     210028

Date:      9 June 2021


The Chief Executive Officer
Noosa Shire Council
PO Box 141
TEWANTIN QLD 4565

Via:       email ([email protected])

Dear Sir/Madam,

RE:        CHANGE APPLICATION – MINOR CHANGE TO EXISTING APPROVAL
           3/31 NOOSA DRIVE, NOOSA HEADS QLD 4567

We act on behalf of SIGA PROPERTY PTY LTD regarding a Request for a Minor Change to an existing
Development Approval for a Material Change of Use for Multiple Dwelling (3 Units) over land at 3/31
Noosa Drive, Noosa Heads QLD 4567, formally described as Lots 0-3 on BUP106009.


REQUEST FOR MINOR CHANGE TO AN EXISTING APPROVAL

Pursuant to Sections 78 and 81 of the Planning Act 2016 (the Act), we request a Minor Change to
the existing development approval (TPC 2707).

Background

On 9 November 1994, Council granted a Town Planning Consent Permit (TPC 2707) for Multiple
dwelling (3 units).

It is unknown whether the application required referral to any referral agencies as there is no mention
within the approval documents of such. Notwithstanding, a review of the proposed building works has
been undertaken against Schedule 10 of the Planning Regulation 2017 (the Regulation). It is noted
that the proposed building works would not trigger any referrals. As such, it is considered that there
are no affected entities for the application under Section 80 of the Act.

It is also unknown whether the application required Public Notification as the approval documents
make no reference to Public Notification and the historical Planning Scheme that was in force at the
time of the application assessment is not available on Council’s website. Notwithstanding, it is noted
that the proposed works would be Code Assessable development under the current Planning Scheme.




           Viva Property Group Pty Ltd | ABN 28 161 458 822                                               1

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Changes to the Existing Approval

The proposed development is for extensions to Unit 3 of the existing Multiple Dwelling which will
include the enclosure of an existing terrace area to create a garden room as well as internal building
works and a new deck and seating. The proposed extensions will be located within the existing building
footprint on site.

The proposed enclosure to create the garden room will consist of an aluminium frame and glass louvres
and will not result in the loss of a required private open space area. It is noted that the proposed
development will involve the enclosure of some of the private open space for Unit 3. However, Unit 3
will maintain a private open space area exceeding 65m2 (pool and pool deck area) consistent with
AO11.1 of the Dual Occupancy and Multiple Dwelling Code. The private open space area is adequate in
size, shape and dimensions to suit the needs of the occupants, is accessible from the primary living area,
receives adequate sunlight, and is designed and orientated to ensure privacy is maintained between
uses.

The proposed development is depicted in Figure 1 below.




FIGURE 1 PROPOSED GARDEN ROOM

It is noted that the subject site is mapped as a Local Heritage Place under the Heritage Overlay and is
listed in Table 8.2.7.4 Heritage Sites.

The purpose of the Heritage overlay code is to ensure:

           development on an identified local heritage place is compatible with the heritage significance
            of the place; and
           the streetscape character and significance of identified character areas are conserved and
            enhanced.




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It is considered that the proposed development is compatible with the heritage significance of the place.

An assessment of the proposed development against the relevant assessment benchmarks for building
work on a local heritage place is provided below.

AO5
Development does not alter, damage, remove or conceal significant features of the local heritage place.

The proposed development does not alter, damage, remove or conceal significant features of the local
heritage place. The proposed development includes the enclosure of an existing terrace area to create
a garden room as well as internal building works and a new deck and seating around the external pool
area.

It is noted that the proposed building works do not require alteration, damage or removal of any
features of the local heritage place that would be considered significant. Further, the proposed works
will be located within the existing building footprint on site and will not be discernible from the
streetscape, the public realm or adjoining premises. As such, it is considered that the proposed works
will not conceal any significant features of the local heritage place.

Notwithstanding the above, and to remove any doubt, a response to the relevant Performance Outcome
is provided following.

PO5
Development conserves and is subservient to the features and values of the local heritage place that
contribute to its cultural heritage significance and does not adversely affect the character, setting or
appearance of the local heritage place.

As stated above, the proposed building works do not require alteration, damage or removal of any
features of the local heritage place that would be considered significant. As such, the proposed works
will conserve the features and values of the local heritage that contribute to its cultural heritage
significance.

Further, the proposed building works are extremely minor in scale in comparison to the existing building
and are, therefore, considered to be subservient to the features and values of the local heritage that
contribute to its cultural heritage significance.

With regard to not adversely affecting the character, setting or appearance of the local heritage place,
it is noted that the proposed works will be located within the existing building footprint on site and will
not be discernible from the streetscape, the public realm or adjoining premises. As such, it is considered
that the proposed building works will not have any adverse impact on the character, setting or
appearance of the local heritage place.

The proposed development is considered to comply with AO5/PO5 of the Heritage Overlay Code.

For reference, and to provide context to the proposal, site and drone photos are provided as Figures 2-
8 and an extract from Noosa Council archival files is provided as Figure 9.




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The site and drone photos provided as Figures 6-12 demonstrate that the proposed building works will
not be discernible from the streetscape, the public realm or adjoining premises. As such, the proposed
building works will not have any adverse impact on the character, setting or appearance of the local
heritage place.

The extract from Noosa Council archival files discusses the cultural heritage significance of the place
and the file considers that Criterion D and Criterion E should apply to the place. A place satisfies criterion
(d) if it is important in demonstrating the principal characteristics of a particular class of cultural places,
and a place satisfies criterion (e) if it is important because of its aesthetic significance.

Based on the discussion above with regard to compliance with AO5/PO5, it is considered that the
proposed building works will not have any impact on the place’s principal characteristics nor its aesthetic
significance.




FIGURE 2 PROPOSED BUILDING WORKS NOT DISCERNIBLE FROM THE STREETSCAPE




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FIGURE 3 PROPOSED BUILDING WORKS NOT DISCERNIBLE FROM THE STREETSCAPE




FIGURE 4 PROPOSED WORKS NOT DISCERNIBLE FROM THE STREETSCAPE OR ADJOINING
PREMISES




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FIGURE 5 PROPOSED WORKS NOT DISCERNIBLE FROM THE STREETSCAPE OR ADJOINING
PREMISES




FIGURE 6 PROPOSED WORKS NOT DISCERNIBLE FROM THE STREETSCAPE OR ADJOINING
PREMISES




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FIGURE 7 SCREENING VEGETATION OBSCURES VIEWS FROM ADJOINING PREMISES




FIGURE 8 CLOSE AERIAL VIEW OF TERRACE AREA TO BE ENCLOSED




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FIGURE 9 EXTRACT FROM NOOSA COUNCIL ARCHIVAL FILES – ALKIRA APARTMENTS




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Notwithstanding the above, an assessment of the proposed building works against PO6 of the
Heritage Overlay Code is provided in Table 1 below.

As demonstrated in the assessment against PO6 below, the proposed building works generally
comply with the Performance Outcome.

TABLE 1 PERFORMANCE OUTCOME 6 – HERITAGE OVERLAY CODE


 Performance Outcome                                          Response

 Multiple Dwelling Code

 PO6                                                          Performance Outcome
 Development on local heritage places:                        It is considered that the proposed development
                                                              will comply with the Performance Outcome in
                                                              the following ways:

 a) respects the original architectural style and             The proposed building works are extremely
       proportions of the relevant era;                       minor in scale in comparison to the existing
                                                              building and are considered to respect the
                                                              original architectural style and proportions.

 b) retains the original roof form and pitch;                 The proposed building works do not involve any
                                                              works to the original roof form and pitch.
                                                              The original roof form and pitch will be retained.

 c)    retains or conforms with the original                  The proposed building works will retain and
       veranda, window and door design and                    conform with the original veranda, window and
       detailing;                                             door design and detailing.

 d) ensures building works are compatible with                The proposed building works are extremely
       the scale, height and bulk of the building;            minor in scale in comparison to the existing
                                                              building and are, therefore, considered to be
                                                              compatible with the scale, height and bulk of
                                                              the building.

 e) provides visual and structural disconnection              The proposed building works will not be
       of new works from the existing building;               structurally interconnected with the existing
                                                              building.
                                                              It is acknowledged that the new works will not
                                                              be visually disconnected from the existing
                                                              building; however, the works will not be
                                                              discernible from the streetscape, the public
                                                              realm or adjoining premises.
                                                              As such, it is not considered that the works will
                                                              be mistaken for part of the original building.

 f)    locates building works to the rear of the              The proposed building works will be located to
       existing building or to where they are not             the rear of the existing building and will not be




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 Performance Outcome                                          Response
       visible or overly obtrusive from the street or         discernible from the streetscape, the public
       public places;                                         realm or adjoining premises.

 g) uses materials of the relevant architectural              The proposed building works will consist
       era;                                                   primarily of glass and aluminium which is
                                                              consistent with materials used in the 1990’s.

 h) retains existing mature vegetation around                 The proposed building works will not result in
       the site, particularly where it contributes to         the removal of any existing mature vegetation.
       the heritage significance of the place;

 i)    ensures new garages, fencing and                       Not applicable.
       landscaping are compatible with the scale              The proposed building works will not involve
       and design of the relevant architectural era;          any new garages, fencing and landscaping.
       and

 j)    ensures excavations and earthworks do not              Not applicable.
       have a detrimental impact on sites of                  The proposed building works will not involve
       archaeological potential.                              any excavations and earthworks and the site is
                                                              not identified to have any archaeological
                                                              potential.


Minor Changes under the Planning Act 2016

It is considered that the changes to the existing development approval as outlined above meet the
assessment benchmark for a minor change to a development approval in accordance with Schedule 2
of the Act. Specifically, the proposed changes:

      (i) Would not result in a substantially different development – The proposed changes to the
          design as described above do not result in a substantially different development. Specifically, it
          is noted that the changes do not include any of the changes outlined in Schedule 1(4) of the
          Development Assessment Rules. As such, and as demonstrated below, the proposed changes
          are not considered to result in a substantially different development:

          a.   Involves a new use – The proposed changes will not result in a new use. The development
               will still function as per the existing approval.

          b.   Results in the application applying to a new parcel of land – The proposed changes to
               the existing approval do not apply over a new parcel of land.

          c.   Dramatically changes the built form in terms of scale, bulk and appearance – The
               proposed changes to the existing approval will not dramatically change the built form in
               terms of scale, bulk and appearance.

               The proposed development is minor in scale, bulk and appearance. For all intents and
               purposes, the proposed works will not be discernibly different to the existing built form
               when viewed from the public realm or adjoining premises.



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    d.   Changes the ability of the proposed development to operate as intended – The
         proposed changes to the existing approval are not considered to change the ability of the
         development to operate as intended. Unit 3 will maintain compliant private open space.

    e.   Removes a component that is integral to the operation of the development – The
         proposed changes will not result in the removal of any component that is integral to the
         operation of the development.

    f.   Significantly impacts on traffic flow and the transport network, such as increasing
         traffic to the site – The proposed changes to the existing approval will not have any impact
         on traffic flow and the transport network.

         Introduces new impacts or increase the severity of known impacts – The proposed
         changes to the existing approval will not introduce any new impacts or increase the severity
         of known impacts. The proposed development is minor in scale, bulk and appearance. For
         all intents and purposes, the proposed works will not be discernibly different to the existing
         built form when viewed from the public realm or adjoining premises.

    g.   Removes an incentive or offset component that would have balanced a negative
         impact of the development – The proposed changes to the existing approval do not
         remove an incentive or offset component that would have balanced a negative impact of
         the development.

    h.   Impacts on infrastructure provisions – The proposed changes to the existing approval
         will not result in any additional impacts on infrastructure provisions. The intensity or density
         of the existing development will not be increased.

(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 changes to
         the existing approval would not result in the inclusion of prohibited development.

    (B) Referral to a referral agency, other than to the chief executive, if there were no referral
         agencies for the development application – It is unknown whether the existing approval
         required referral to a referral agency. However, it is noted that the proposed changes to the
         existing approval would not result in a requirement for any referrals to a referral agency,
         other than to the chief executive, if there were not referral agencies for the development
         application.

    (C) Referral to extra referral agencies, other than the chief executive – The proposed
         changes to the existing approval would not result in the development triggering referral to
         any additional referral agencies.

    (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




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             application was made – The proposed changes would not require a referral agency to
             have to assess the application against any additional matters.

         (E) Public notification if public notification was not required for the development
             application – It is unknown whether the application required Public Notification as the
             approval documents make no reference to Public Notification and the historical Planning
             Scheme that was in force at the time of the application assessment is not available on
             Council’s website. Notwithstanding, it is considered that the proposed changes would not
             change the level of assessment of the application and, therefore, would not require public
             notification if public notification was not required for the development application.

Given the above assessment, it is considered that the proposed changes meet the assessment
benchmark for a minor change to a development approval as defined in the Act.

Referrals

It is unknown whether the application required referral to any referral agencies as there is no mention
within the approval documents of such. Notwithstanding, a review of the proposed building works has
been undertaken against Schedule 10 of the Planning Regulation 2017 (the Regulation). It is noted that
the proposed building works would not trigger any referrals. As such, it is considered that there are no
affected entities for the application under Section 80 of the Act.

Recommended Amendments to Approval Documentation

Approved Drawings and Documents

It is recommended that the approved drawings and documents be updated to include the proposed
plans attached to this application.

Conditions

A review of the Conditions attached to the existing development approval has been undertaken. Due
to the nature of the proposed changes, the following changes to the Conditions of Approval are
recommended:

    1.   Submission to and approval by Council of building plans in accordance with the Building Act,
         Council's By-laws and Policies, the conditions of this approval and substantially in accordance
         with plans 179 sheets 1 to 17 inclusive, A101-105 inclusive, and the Shire of Noosa Planning
         Scheme apart from where amendments are required or dispensations have been granted in
         conjunction with this approval.

Conclusion
In summary, the proposed changes are considered to satisfy the relevant provisions of the Act relating
to a minor change to the existing approval.

Council endorsement of the proposed changes is therefore recommended.




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SUPPORTING INFORMATION
The following supporting documentation is attached for your consideration:

          Attachment 1 – Proposal Plans.

We trust this information is sufficient for your purposes. Should you require any further details or wish
to discuss these matters, please contact the undersigned or Jason King on (07) 3831 5577.

Yours faithfully,




James Stott

Director




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