Minor Change Request report 12.30 hastings · 51983.3225.26

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                               Figure 3 - Internal facing elevation.




The built form includes a mix of window treatments, screens and open balconies on each
level. A 1m separation is provided to the southern elevation to allow for landscaping
between buildings and existing built to boundary on Lot 13. An 800mm separation is also
provided to Lot 11 to the north, with the thoughtful placement of windows and doors
maintaining and improving existing amenity enjoyed by the other dwelling users. The
proposal includes the following key features:
   •   4 storeys;
   •   Site cover of 67.7m² (existing = ~45m2, net increase of 22.7m²)
   •   Gross floor area of 200.1m² (existing = ~60m2, net increase of 140m²);
   •   4 bedrooms and 4 bathrooms;
   •   Ground level (level 1) – parking for 2 cars and bicycles, entry foyer, lift and laundry;
   •   Level 2 – Kitchen and Lounge;
   •   Level 3 – 3 bedrooms and 2 bathrooms (1 ensuite);
   •   Level 4 – 1 bedroom, ensuite and lounge;
Refer to Figures 4 below.

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             Ground/1st level




                2nd level




                 3rd level




                 4th level

Figures 4 – proposed layout of each storey


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Figures 4 — proposed layout of each storey

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Background
The existing development was originally approved by Council in October 1983 (TPC1632 –
25 Bungalow Style 2 bedroom Units & 8 Shops – Group Title). A restaurant was subsequently
approved on the site in December 2000 along the Hastings Street frontage (18478DA). The
units are used for short term accommodation, rather than for permanent occupation.
A change to the development approval to enclose the manager’s residence car space into
an office was approved June 2006.
In June 2011, plans to enclose 8m² of the lower level of unit 7 were considered ’generally in
accordance’ with the existing approval.
On 11 November 2014, Council approved to enclose an additional 5.75m² of gross floor area
of the ground floor of unit 22.
On 12 October 2015, Council approved a change to an existing approval to enclose the
carport of unit 11 (13.3m2 to be enclosed).
On 17 March 2016, Council approved a change to an existing approval to enclose the
carports of units 14 and 25 (an additional 14m2 per unit).
On 12 May 2016, Council approved a change to an existing approval for the redevelopment
of Unit 15 of that sought to the replace the existing dwelling unit on site with a new dwelling
unit with an increase of gross floor area of 67m2, to include a roof top terrace (4 storeys) and
pool.
On 29 March 2017, Council approved a change to an existing approval to enclose part of the
car port of unit 20 by 20.5m2. This change did not approve a space capable of being a
bedroom as this was not applied for. The plans annotated to remove a wall.
On 5 April 2017, Council approved a change to an existing approval to enclose part of the
car port of unit 20 by 8.554m2 of gross floor area and reconfigure (change to internal layout)
level 1 and 2.
On 1 August 2017, Council approved a change to an existing approval to enclose part of the
car port to create a room capable of being a bedroom of Unit 20.
On 1 August 2017, Council approved a change to an existing approval to partially enclose
under the existing unit and to reconfigure the second floor relating to unit 5.
On 17 April 2018, Council approved a change to an existing approval to partially enclose the
subfloor area of Unit 21 to provide a covered entry and storeroom area, an expanded
bathroom/laundry and to enclose underneath the existing upper level deck, resulting in an
additional 18m2 of gross floor area.
On 19 November 2020 Council approved a change to an existing approval for an extension
to Unit 17 resulting in an additional 90.69m2 of gross floor area to extend all levels and include
an additional storey
On 30 June 2020, Council approved a change to the existing approval for an extension to
Unit 19. The approval consisted of an additional increase in floor area by 68.4m² to a total
GFA for the unit of 151m². The approval also permitted the development to change from a 3
storey to a 4 storey building.
On 21 October 2021, Council approved an Other change to the exiting approval for the
redevelopment of Lots 9 & 10 that had previously been amalgamated. The redevelopment
consisted of existing villas to be removed and replaced with one building. This resulted in
additional site cover of 33.6m2 and GFA of 44m2.
On 1 August 2022, Council approved a change to the existing approval to include a lift to a
previous change approval.
On 13 November 2023, Council approved a change to the existing approval for an extension
to Unit 3 with an amendment to conditions 1 & 2 and additional conditions 45, 46, 47, 48, 49,
50 & 51.

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On 27 November 2023, Council approved a change to the existing approval for an extension
to Unit 2 with an amendment to condition 2 and additional conditions 52, 53, 54, 55 & 56.
On 14 November 2024, Council approved a change to the existing approval for an extension
to Unit 22 with an amendment to condition 2, delete condition 3 and included additional
conditions 80, 81, 82, 83, 84, 85, & 86.
On 30 October 2024, with an amendment to condition 2, include additional conditions 57 &
65.
On 28 March 2025, Council approved a change to the existing approval for an extension to
Unit 18 with an amendment to condition 2
On 19 May 2025, Council approved a change to the existing approval for an extension to
Unit 2 with an amendment to conditions 2, delete condition 52, included additional conditions
57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70 and renumber conditions 57-65 (now
referred to as conditions 71-79) (Unit 2)
On 11 September 2025, Council approved a change to the existing approval for an extension
to Unit 16 with an amendment to condition 2 & Delete condition 3 due to administrative error.
On 26 February 2026, Council approved a change to the existing approval for an extension
to Unit 3 with an amendment to condition 2
On 29 June 2026, Council approved a change to the existing approval for an extension to
Unit 14 with an amendment to condition 2 and include additional conditions 87 & 105




                                    Figures 5 – Approval Map

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Minor Change Test
An assessment against the meaning of minor change and a response about the proposed
application is provided below. The Planning Act 2016 defines a minor change as a change
to the approval that:
 It 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                Response
    DA Rules

   (a) Involves a new use                        There are no new uses proposed onsite.

   (b) results in the application                No new parcel of land is introduced.
       applying to a new parcel of
       land; or
   (c) dramatically changes the                  The built form and appearance is only marginally
       built form in terms of scale,             changing and complies with the Noosa Plan
       bulk and appearance; or                   parameters, with the scale not dramatically
                                                 changing. There is a small net increase to site cover
                                                 of less than 0.34% (overall) and 140m² of GFA, a
                                                 small increase overall considering the site has a
                                                 maximum GFA of 5,680m² and this proposal
                                                 increases the total GFA on site below the maximum.
                                                 While the bulk of the building is different from the
                                                 original dwellings, these original dwellings are
                                                 progressively being demolished and replaced with
                                                 contemporary      dwellings.    This    design     is
                                                 commensurate with the new built form onsite, one
                                                 being directly adjoining the subject GTP.

   (d) changes the ability of the There is no change to the operation of the
       proposed development to development to operate as a multiple dwelling.
       operate as intended; or
   (e) removes a component that is The proposal will be used as a multiple dwelling as
       integral to the operation of the defined by the Planning Scheme in force at the time
       development; or                  of the original approval. No change to the operation
                                        of the resort or dwelling.

   (f) significantly impacts on traffic One additional bedroom is proposed and therefore
       flow and the transport 1 additional vehicle car space is required on site.

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        network, such as increasing Given the sites proximity to facilities, many visitors
        traffic to the site; or     do not arrive in private vehicles, rather use ride
                                    share and active transport modes.

     (g) introduces new impacts or       No new impacts or the severity of impacts will result
         increase the severity of        from the rebuild.
         known impacts; or
     (h) removes an incentive or         Does not remove an offset or incentive components
         offset component that would     of the development.
         have balanced a negative
         impact of the development; or
     (i) impacts on     infrastructure   There are no additional impacts on infrastructure.
         provisions.


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; or


Response: The change does not include any prohibited development.


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


Response: No referral required for the development.


C. referral to extra referral agencies, other than to the chief executive; or


Response: No referral agencies are applicable to the current development.


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; or


Response: The proposed change would not result in the chief executive having to consider
matters additional to those considered when the application was made.


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

Response: The original application included public notification.

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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.


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.

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     Assessment
     The following table outlines compliance to the key parameters of the development and the
     Noosa Plan 2020.
     Table 2 – Assessment Criteria

      Criteria                        Planning              Existing approved         Proposal              Complies
                                      Scheme                development
                                                                                      Includes additional
                                                            Site Area (4931m²)        parameters     (net
                                                                                      increase)



      Building height

 •      storeys                       4 storeys max         3 storeys                 4 storeys             ✓
 •      metres
                                      15 metres             <15 metres                14.8 metres           ✓


      Site cover                      45% max               36.51%                    36.89%                ✓
                                                                     2
                                      (2219.85m²)           (~1800m ) as of 2024      net  increase   of
                                                                                      0.46% or 22.7m²

      Plot ratio / Gross floor area   5,680m² max           3,373m² as of 2024        3,513m²               ✓

                                                                                      Net increase in GFA
                                                                                      of 140m²

      Length of wall                  15 metres max         <15 metres                < 15 metres      to   ✓
                                                                                      balcony

      Carparking                      2 min                 1 covered                 2 covered             ✓

      Ratio units: non-residential    20:1                  12:1                      No change             X


As demonstrated in the table above, the proposal complies with all the key parameters
outline in the planning scheme and compliant with the conditions of approval. However,
setbacks is further discussed below.
Setbacks
The adjoining lot 11 enclosed their carport in 2015 and there has been no applications lodged
for lot 13. Lot 13 is orientated to the east with their balcony providing for their amenity. The
changes closely align with the setbacks of the existing villa.




                                              Figures 6 – Approval adjoining lot 12

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The proposal meets the Planning Scheme setbacks for multiple dwelling (nil) as they apply
to the site boundaries, however does not meet the QLD Housing Code requirements, as
outlined below and applicable to community title lots.




                                     Figures 7 – QLD Housing Code

The proposal provides for 1m setbacks to the side boundaries for much of the site and a
build to boundary wall for the garage. Both the superseded Planning Scheme and the Noosa
Plan 2020 seek appropriate separation between buildings to maintain or improve privacy,
general amenity and shading. It is determined that sufficient separation is provided, and the
following design elements demonstrate the design has resulted in no new impacts,
maximised privacy and amenity and a non-worsening of shading—
•     The design includes adequate natural light and ventilation to habitable rooms on the site
      and adjoining buildings.
•     The design minimises the impact of building work on the amenity and privacy of
      residents of adjoining premises.
•     The proposal provides adequate space at the rear of the lot to support outdoor living,
      recreation, landscaping, privacy, natural light, and ventilation for the benefit of residents.
•     The design closely aligns and is complementary with the existing built form and the
      original villas within the site.
     Overall, the proposal provides good separation between buildings and retains the
     amenity in terms of privacy, shading and noise.
    Car parking and access
    The proposal is for 4 bedrooms and has provided 2 car spaces within the lot boundaries in
    accordance with the Planning Scheme. Vehicle access is generally in the same location
    as the existing access.
    Vegetation
    The vegetation was planted as part of the original development and OPW22/0022. An
    arborist report is provided, which concludes the growth of the plants has been significantly
    constrained in the very urban environment and as such are not thriving. It was
    recommended to remove the vegetation and properly prepare the ground and replant
    around the boundaries and driveway. Additional conditions with species and sizes are
    recommended in this regard.

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                      Figures 8 – OPW Approval replanting with outline of lot 12




                            Figure 9 – Site Pictures of landscaping onsite.



Changes to Conditions
As a result of the proposed amendments to the development, Condition 1 requires
changing to include the proposal plans. It is acknowledged Council may apply some
additional conditions specific to Lot 12 as has happened for other redevelopments within
the complex.
It is requested Condition 1 be changed to include the follow addition to the condition 1 table
of approved plans.
1. Unless otherwise stated, all conditions of this Decision Notice must be complied with
   prior to the use commencing, and then compliance maintained at all times while the
   use continues.

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  Approved Plans – <date> Lot 12 GTP1154

  Plan, prepared by

  Ground Floor plan, prepared by Sunshine Coast Building Design

  First Floor Plan, prepared by Sparks Architects

  Second Floor plan, prepared by Sunshine Coast Building Design

  Third Floor plan, prepared by Sunshine Coast Building Design

  Eastern Elevation, prepared by Sunshine Coast Building Design

  Northern Elevation, prepared by Sunshine Coast Building Design

  Western Elevation, prepared by Sunshine Coast Building Design

  Southern Elevation, prepared by Sunshine Coast Building Design

  Cross Section AA, prepared by Sunshine Coast Building Design



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 MQELA
 Planner/Director
 Pivotal Perspective Pty Ltd
 0406 334 227