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Minor Change Request report bayview rd, little cove · 132003.220660.5
13 November 2024 Development Assessment Noosa Council [email protected] RE: Minor Change Request – Dwelling in Special Residential Zone - 132003.220660.4 (23182 DA) 1/1-7 Bayview Rd, Noosa Heads Proposal The applicant seeks minor changes to development approval 23182DA, including: • Additional walkway and lift along northern edge of building; and • A 2-bedroom addition within northeastern corner of the site. Figure. 1 Proposed Additions marked in red Background On 2 May 2003, Council approved a dwelling house in a Special Residential Zone. On 14 February 2011, Council approved a minor change to the approval to extend the approval. Figure. 2 Approval Plans
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Page 2
Minor Change Test
An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change to the
approval that:
i. would not result in a substantially different development*;
(*In determining whether the proposed change would result in substantially different
development, the assessment manager or referral agency must consider the individual
circumstances of the development, in the context of the change proposed.)
Schedule 1 of the Development Assessment Rules set outs provisions for a substantially different
development. A change may be considered to result in a substantially different development if the
proposed change results in any of the following outlined in Table 1 below.
Table 1 - Substantially different development
Provisions of Schedule 1 of the DA Rules Response
(a) Involves a new use There is no new use proposed onsite
(b) results in the application applying to a No new parcel of land is introduced
new parcel of land; or
(c) dramatically changes the built form in Although the design changes slightly, the
terms of scale, bulk and appearance; or dwelling is situated entirely on the site
and is compliant with height, setbacks,
plot ratio and site cover. The modification
to the approved plans do not dramatically
change the scale, bulk or appearance of
the development.
(d) changes the ability of the proposed No change to the use approved.
development to operate as intended; or
(e) removes a component that is integral to No essential component of the
the operation of the development; or development is proposed to be removed.
(f) significantly impacts on traffic flow and The proposal does not trigger any
the transport network, such as increasing additional traffic or car parking to that
traffic to the site; or originally approved.
(g) introduces new impacts or increase the No new impacts or the severity of impacts
severity of known impacts; or is likely to result from the plan
modifications.
(h) removes an incentive or offset Does not remove an offset or incentive
component that would have balanced a components of the development.
negative impact of the development; or
(i) impacts on infrastructure provisions. There is no additional impacts on
infrastructure.
Given the above, the proposed change to the existing approval is a minor change in accordance
with Schedule 2 of the Planning Act 2016 and Schedule 1 of the Development Assessment Rules.
Page 3
Deciding the Request
In accordance with S81 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or may
assess against or have regard to, if the change application were a development application.
Council must only consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made. However, may give
weight they consider appropriate, in the circumstances, to—
(a) the statutory instrument or other document as in effect when the change application was
made (Superseded Planning Scheme); or
(b) if the statutory instrument or other document is amended or replaced after the change
application is made but before it is decided—the amended or replacement instrument or
document; or
(c) another statutory instrument—
(i) that comes into effect after the change application is made but before it is decided; and
(ii) that the responsible entity would have been required to consider if the instrument had
been in effect when the development application for the development approval was properly
made.
In accordance with the above the proposal is assessed against the conditions of approval and the
Noosa Plan 2020. The site is currently located within the Low Density Residential Zone under The
Noosa Plan 2020 and the existing approval included 27 conditions.
Figure. 3 Noosa Plan 2020 zone map (Low Density Residential zone)
Page 4
Assessment
The proposed development is contained within the Low Density Residential Zone and assessment
against the key aspects of The Noosa Plan 2020 and the existing conditions is included below.
Table 2 – Development Parameters
Criteria The Noosa Plan 2020 Proposal – dwelling house Compliance
Site Details Site Area 936m² - Low Density Residential zone
Height 8m 7.5m Y
2 storeys 2 storeys Y
Site Cover 50% / 30% (468m² / 280m²) L1 – 238m2 - 25% Y
L2 – 375m2 – 40%
L3 – 130m2 – 14%
GFA 500m² max L1 – 210m2 Y
L2 – 176m2
L3 – 75m2
Total = 461m2
Setbacks Frontage
- 1st and 2nd storey (6m) No change Y
Rear 3.0m to new roof PO – The site adjoins common
3 metres setback up to 4.5 metres in height; and 6 property that is zoned
metres setback between 4.5 metres and 8 metres height; or Environmental Protection. The
no part of the building protrudes beyond a projection line that proposal meets the relevant
rises from 1.8 metres above the ground at the property performance outcomes of the LDR
boundary to a point 8 metres in height 6 metres in from the Zone code with no impacts to
property boundary, providing that no building or structure adjoining neighbours or visible
is setback less than 1 metre from the boundary from outside the site.
2.0m PO – The setback of the lift
Side encroaches within the 2.5m where
- north (1.5m/2m/2.5m) it is above 7.5m in height. Site
photos are included with the
- south (1.5m/2m/2.5m) application along theis boundary –
demonstrating there are no
overlooking issues. There are
ample opportunities for
landscaping between buildings
and conditions are recommended
No Change in this regard.
Y
Bedrooms 5 bedrooms max. 5 bedrooms Y
Kitchen 1 kitchen 1 Y
Landscaping 20% of the site is soft landscaping >20% Y
Carparking 2 spaces 2 spaces Y
Earthworks Cut or fill less than 1.5m <2m (not including under building) Y
Landslide Hazard Overlay – the site is mapped within the steep land hazard overlay, A site specific geotechnical report is provided with the application.
Figure. 4 Conditions of the existing approval (highlighted conditions relevant)
Page 5
Changes to Conditions
As a result of the proposed changes the following conditions require changing:
Condition 2 of the MCU requires amending to reflect the changes and sought to read as follows.
Development authorised by this approval must be undertaken generally in accordance with the Approved
Plans listed in the table below.
Plan No. Plan/Document Name Date
A204 Proposed Lower Level Floor Plan, prepared by Collins Building Design 09.07.24
A205 Proposed Main Level Plan, prepared by Collins Building Design 09.07.24
A206 Proposed Master Level, prepared by Collins Building Design 09.07.24
A207 Survey Overlay Lower Level, prepared by Collins Building Design 09.07.24
A301 North & East Elevations, prepared by Collins Building Design 09.07.24
A302 South & West Elevations, prepared by Collins Building Design 09.07.24
If you have any further queries in relation to the above, please do not hesitate to contact myself.
Regards,
Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227
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