planning report · 51983.3225.19

Page 2

Figure 2 - Site Plan




Figure 3 - Internal facing elevation.


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Figure 3 - Internal facing elevation.

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The rebuild considers privacy and shading to the neighbouring properties with strategic
orientation, the placement of windows, doors and screening devices. The development
uses a variety of natural external materials which is consistent with the existing built form.
The building includes vertical and horizontal elements and colours that blend with the
natural environment.
Good separation between neighbouring dwellings is provided combined with the thoughtful
placement of windows and doors maintain and improve existing amenity enjoyed by the
other dwelling users. The proposal includes the following key features:
        4 storeys;
        Site cover of 61.4m² (existing = 45m2, net increase of 16.4m²)
        Gross floor area of 183m² (existing = 73m2, net increase of 110m²);
        4 bedrooms and 4 bathrooms;
        Ground level (level 1) – parking for 2 vehicles, entry foyer and lift, cellar and
         laundry;
        Level 2 – 2 bedrooms and 2 bathrooms (1 ensuite);
        Level 3 – 2 bedrooms and 2 bathrooms (1 ensuite);
        Level 4 – kitchen and living and deck;
        Roof terrace and BBQ area.
Refer to Figures 4 below.




Ground/1st level

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2nd level




3rd level


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4th level




Roof top terrace

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.
There are 3 current undecided minor change applications as indicated on Councils Planning
Online portal, 51983.3225.16 and 51983.3225.17 and 51983.3225.18.

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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 110m² 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 to 3,483m².
                                                 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.
       network, such as increasing Given the sites proximity to facilities, many visitors
       traffic to the site; or

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                                         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.

Page 9

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.


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

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




    Building height
    storeys             4   storeys       3 storeys               4 storeys           
    metres              max                                                           
                                           ~<15 metres             15 metres
                         15 metres

    Site cover           45% max           36.51%                  36.89%              
                         (2219.85m²)       (1800m2)                net increase of
                                                                   0.34% or 16.4m²
                                           Excluding        live
                                           applications on lot 2
                                           3 & 16

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    Plot ratio / Gross     5,680m² max       3,373m²                 3,483m²           
    floor area                               Excluding        live   Net increase in
                                             applications on lot 2   GFA of 110m²
                                             3 & 16

    Length of wall         15  metres        <15 metres              < 15 metres       
                           max

    Carparking             2 min             1 covered               1 covered         
                                                                     1 uncovered

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

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, roof terrace and car parking is further discussed below.
Setbacks
The proposed changes closely align with the setbacks of the existing villa. The proposal
meets the Planning Scheme setbacks as the setbacks apply to the site boundaries and do
not apply to internal GTP lot boundaries, as in this scenario. 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—
    screening devices are proposed where appropriate on all levels, including the roof top
     terrace;
    proposed separation between buildings is 1.3-1.5 m, noting that the proposed setbacks
     are consistent with the existing built form, with the exception of the Level 3 deck;
    the proposed changes still maintain appropriate setback to the western boundary;
    no shading impacts will result from the new design as the adjoining villa to the south is
     orientated forward of the existing/proposed villa. The pool that services the complex
     adjoins to the north;
    Level 3 deck is located to the west/north and overlooks the internal driveway; and
    The design closely aligns and is complementary with the existing built form and the
     original villas within the site.
    The new design addresses this aspect and provides improved privacy. Overall, the
    proposal provides good separation between buildings and better amenity in terms of
    privacy, shading and noise than currently exists.

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Roof terrace
The roof terrace is sufficiently designed and screened to mitigate any additional
overlooking of neighbouring properties. Refer Figure 5.




Figure 5 – roof top terrace orientation

The design and positioning of the roof top terrace does not introduce overlooking
opportunities into neighbouring dwellings.


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 within the GTP lot generally consists of palms and Lilli pillies and are mostly
located within the southern portion of the lot. 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 is recommended to remove the vegetation and properly
prepare the ground and replant around the boundaries and driveway. Additional conditions
with recommended species and sizes are recommended in this regard.

Page 12

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 22 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.



Approved Plans – <date> Lot 22 GTP1154

Plan       No. Rev Plan, prepared by                                         Date


SD 0.1            A     Cover page, prepared by Sparks Architects            31/07/2023

SD1.1             A     Site plan, prepared by Sparks Architects             31/07/2023

SD1.2             A     Ground Floor       plan,   prepared   by   Sparks 31/07/2023
                        Architects

SD1.3             A     Level 1 Floor Plan, prepared by Sparks 31/07/2023
                        Architects

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SD1.4              A     Level 2 Floor plan, prepared by Sparks 31/07/2023
                         Architects

SD1.5              A     Level 3 Floor plan, prepared by Sparks 31/07/2023
                         Architects

SD1.6              A     Roof level plan, prepared by Sparks Architects   31/07/2023

SD1.7              A     North Elevation, prepared by Sparks Architects   31/07/2023

SD1.8              A     East Elevation, prepared by Sparks Architects    31/07/2023

SD1.9              A     South Elevation, prepared by Sparks Architects   31/07/2023

SD1.10             A     West Elevation, prepared by Sparks Architects    31/07/2023

SD1.11             A     Section A, prepared by Sparks Architects         31/07/2023

SD1.12             A     Section B, prepared by Sparks Architects         31/07/2023

SD1.13             A     Section C, prepared by Sparks Architects         31/07/2023

SD1.14             A     Perspectives Sheet 1, prepared by Sparks 31/07/2023
                         Architects

SD1.15             A     Perspectives Sheet 2, prepared by Sparks 31/07/2023
                         Architects

SD1.16             A     Perspectives Sheet 3, prepared by Sparks 31/07/2023
                         Architects

SD1.17             A     Perspective Sheet 4, prepared by Sparks 31/07/2023
                         Architects

SD1.18             A     Perspective Sheet 5, prepared by Sparks 31/07/2023
                         Architects

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