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Cover Letter - Minor Change Application · 51901.3589.05
Date: 12 December 23
The Chief Executive Officer
Noosa Shire Council,
PO BOX 141
Tewantin QLD 4565
Via Email ([email protected])
Dear Sir/Madam
RE: Request for Minor Change to Development Approval TPC1114 (51901.3589.04) relating to a
Town Planning Consent for a Multiple Dwelling (5 Units) at 1-3 Russell Street, Noosaville
described as BUP4699
In accordance with section 78 of the Planning Act 2016, please find enclosed a request for a Minor Change
to the Development Approval TPC1114 (51901.3589.04) at the abovementioned property.
This request is made on behalf of Clare Jane Dunlop, the owner of Unit 1 and 4.
In support of the application, please find enclosed:
+ Planning Act Form 5;
+ Proposal Plans (Attachment 1); and
+ Owners Consent (Attachment 2)
+ Body Corporate Consent (Attachment 3)
Payment of the minor change application fee will be made upon Council issuing the relevant Tax Invoice.
Background
The subject site is located at 1-3 Russell Street, Noosaville described as Lot 0 on BUP4699.
The site contains an existing multiple dwelling comprising of 5 units. The development comprises a 3 storey
building that has a frontage to Russell Street to the east and the Noosa River to the north.
A Town Planning Consent Permit (TPC 1114) to construct Multiple Dwelling Units x five (5) units was issued
on the 12th May 1980.
On 24 November 2009, council approved a minor change to extend the second and third storey balconies,
which are situated on the buildings northern side. The balconies are of suspended slab construction
(51901.3589.02).
On 9 November 2017, council approved a minor change to enclose part of an existing balcony (same as this
application) and install a lift between Units 1 and 4 to Unit 4 (51901.3589.03).
On 23 October 2019, council approved a minor change application to enclose a portion of the balcony
associated with Unit 5.
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The Proposal The proposed minor change application seeks approval to amalgamate Units 1 and 4 to become a single unit. Unit 1 is a 2 level unit that occupies the ground and second levels of the building. The ground level comprises a double garage, bedroom, ensuite, lift and stairs. The second level comprises an open planned kitchen, living, dining area, bedroom, bathroom, lift and stairs. Unit 2 is a single level unit that occupies the 3rd level of the building. The unit comprises 2 bedrooms, a bathroom, ensuite, open planned kitchen, living dining area, lift and stairs. No further building work is required to facilitate the change and the change simply involves updating the approval to reflect that the development would be a 4-unit multiple dwelling. The floor plans of the units are illustrated in Figures 1 – 3 below: Figure 1 – Proposed Level 1 Plan
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Figure 2 - Proposed Level 2 Plan Figure 3 - Proposed Level 3 Plan [OCR of page images] BRENNAN PLANNING Level 2 Ove we - x wo naar wee wal) TO CREATE aPack TO 8, ‘one new nace gg ||tonente irere SB 1300 215 20 | 16s 70 3000 1080 108s Figure 2 - Proposed Level 2 Plan Level 3 PROPOSED WORKS TO UNIT 4 ® v0 swore ouecorm oe + 1620 + Hi 5120 y oy on fi 07 T t mao Tt 7 T REBE MER POST NEXT TO (WniGow TO BNOREERS SPECS, a Bee a g g a|® g g a} a} ~ 1900 1750 Figure 3 - Proposed Level 3 Plan
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Please refer to Attachment 1 - Proposal Plans for further details.
Changes to Conditions/Plans of Approval
As a result of approving the proposed changes, it is requested that the decision details contained within the
decision notice be updated to reflect the development now a comprises a multiple dwelling (4 Units).
Changes to Conditions/Plans of Approval
As a result of approving the proposed changes, it is also requested that the list of approved plans be
updated to remove reference to the floor plan of Unit 4 approved 1 December 2017 (as detailed below) and
include the plans listed in the table below. It is considered that no other change to the approval would be
necessary.
Changes to Existing Plans
Plan No, Rev. Plan / Document Name Date
Sheet 2 of 8 F Site Works – Key Plan prepared by IntExt Design 20/08/2009
Sheet 3 of 8 F Level 1 – Floor Plan & Fit-out prepared by IntExt 20/08/2009
Design
Sheet 4 of 8 F Level 2 – Floor Plan & Fit-out prepared by IntExt 20/08/2009
Design
Sheet 5 of 8 F Level 3 – Floor Plan & Fit-out prepared by IntExt 20/08/2009
Design
Sheet 7 of 8 F Level 2 – Floor Plan & Fit-out prepared by IntExt 20/08/2009
Design
Sheet 7 of 8 F Elevations prepared by IntExt Design 20/08/2009
Sheet 8 of 8 F Sections prepared by IntExt Design 20/08/2009
Changes to Conditions – 1 December 2017
A103 Proposed Works to Unit 4, prepared by Lisang 26/9/17
Design
Changes to Conditions – 23 October 2018
A103 Unit 5 D.A 27/7/18
Western Elev (Unit 5)
Additional Plans for Inclusion
Plan No. Rev. Plan/Document Name Date
A105 1 Level 1, prepared by Lisang Design 8/4/2018
A106 1 Level 2, prepared by Lisang Design 8/4/2018
A103 1 Level 3, prepared by Lisang Design 8/4/2018
Statutory Process
Change Application - Planning Act 2016
The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
+ The change would not result in a substantially different development because it involves the
amalgamation of 2 units and does not require any building work;
+ The change would not cause the approval to include prohibited development;
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+ The change would not require the application to be referred to a referral agency;
+ There were no referral agencies involved with the original application; and
+ The proposed change would not require notification under the Noosa Plan 2020.
For the reasons outlined above, it is considered that the proposed changes constitute a ‘minor change’ to
the approved development. On this basis, it is considered that the request should be dealt with pursuant to
provisions outlined within Section 81 of the Planning Act 2016.
Assessment Procedures
In accordance with Section 81 of the Planning Act 2016, in assessing the change application:
(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.
(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in the
circumstances, to— (a) the statutory instrument or other document as in effect when the change application
was made;
The original development for the erection of a multiple dwelling containing five (5) units was approved by
council on 12th May 1980.
The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
The proposal does not involve any building work and simply seeks to amalgamate 2 existing units.
Consequently, the proposed changes would not warrant re-assessment against the Noosa Plan 2020.
Conclusion
The above report demonstrates that the proposal involves a minor change under the Planning Act 2016.
Further, the proposal would not result in any changes that would raise issues against the Noosa Plan 2020.
Therefore, the minor change application should be supported.
Proceeding
This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,
Marcus Brennan
B. Urb. Reg. Plan.
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