Minor Change - 2-80 Hilton Tc - Planning Report · 51997.2397.03

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Table of Contents

Important Note                                                                                                                                                        2

1.     Summary                                                                                                                                                        3

2.     Background                                                                                                                                                     4

3.     Development Intent – Proposed Change                                                                                                                           5

4.     Change to Decision Notice                                                                                                                                      6
       4.1 Proposed Additional Condition 33                                                                                                                           6

5.     Planning Assessment                                                                                                                                             7
       5.1 Minor Change                                                                                                                                               9

6.     Conclusion                                                                                                                                                     11




List of Figures
Figure 1 - Site location............................................................................................................................................... 5
Figure 2 - Internal layout and Elevation ............................................................................................................... 6
Figure 3 - View from unit 3 - neighbouring unit .................................................................................................. 8



List of Tables
Table 1 - Substantially Different Development Guideline .............................................................................. 10




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Important Note

Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted
under the Copyright Act, no part of this report, its attachments or appendices may be reproduced
by any process without the written consent of RG Strategic. All enquiries should be directed to RG
Strategic.

We have prepared this report for the sole purposes of Lorraine M. Pickering (“Client”) for the specific
purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2020
(“Purpose”). This report is strictly limited to the purpose and the facts and matters stated in it and
does not apply directly or indirectly and will not be used for any other application, purpose, use or
matter.

In preparing this report we have made certain assumptions. We have assumed that all information
and documents provided to us by the Client or as a result of a specific request or enquiry were
complete, accurate and up to date. Where we have obtained information from a government
register or database, we have assumed that the information is accurate. Where an assumption has
been made, we have not made any independent investigations with respect to the matters the
subject of that assumption. We are not aware of any reason why any of the assumptions are
incorrect.

This report is presented without the assumption of a duty of care to any other person (other than
the Client) (“Third Party”). The report may not contain sufficient information for the purposes of a
Third Party or for other uses. Without the prior written consent of RG Strategic;

             •   this report may not be relied on by a Third Party; and

             •   RG Strategic will not be liable to a Third Party for any loss, damage, liability, or claim
                 arising out of or incidental to a Third Party; and

             •   publishing, using, or relying on the facts, content, opinions, or subject matter
                 contained in this report

If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report
with or without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party
assumes all risk and releases and indemnifies and agrees to keep indemnified RG Strategic from any
loss, damage, claim or liability arising directly or indirectly from the use of or reliance on this report.

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profits, damage to property, injury to any person (including death) costs and expenses incurred in
taking measures to prevent, mitigate or rectify any harm, loss of opportunity, legal costs,
compensation, interest and any other direct, indirect, consequential or financial or other loss.




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1.   Summary

RG Strategic has prepared this development application on behalf of Lorraine M. Pickering. The
purpose of this report is to seek approval for a Minor Change Application and an additional to
Decision Notice 51997.2397 (12530 TC). The subject site is located at Unit 2 / 80 Hilton Terrace,
Noosaville and is formally described as Lot 2 on SP120741.

The application seeks approval for the enclosing of the existing covered BBQ area of unit 2.

Noting that while, the original Planning Approval plans do not recognise the roofing of the BBQ area,
the subsequent associated building approval, approved a roof structure over the BBQ area. At the
time of the original approval, the building certification was undertaken by Council and the building
plans were referred to the planning department to ensure they were in accordance with the
planning approval. Therefore, the cover over the BBQ area is deemed to be approved and in
accordance with the planning approval as the building approval was issued.

This report should be read in conjunction with the accompanying covering letter, DA Form and
Appendices. The development is appropriate and is not anticipated to impact upon the amenity of
the locality. Council’s approval of the application is therefore sought, subject to relevant and
reasonable conditions.




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2.   Background

     •         A development approval over Lot 2 RP32784 (12530TC – 51997.2397) for a Material
               Change of Use (Multiple Dwelling Units x 4- Building A) was approved in 1998. Unit 2 is
               part of this approval.

     •         A development approval over Lot 1 RP104599 & Lot 2 MCH3930 (11876TC – 51997.2283)
               for a Material Change of Use (Multiple Dwelling Units x 6- Building B) was approved in
               1998.

     •         The above development approvals approved in 1998, related to 3 separate lots at that
               time. These lots were then amalgamated to form Lot 3 SP110328. The survey plan reflects
               the built form – 10 units and common property.

     •         In 1998 a Building approval was issued for 10 units (combining the 2 planning approvals
               above).

     •         An approval for Operational works was approved in 2008 for a pontoon.

     •         On 28 October 2016 a Generally in Accordance request was issued for Unit 2 (12530TC )
               that supported some internal reconfiguring of the unit which included a part enclosure
               of the balcony and extension to the bathroom into the courtyard area.

     •         On 18 November 2021, an application for a minor change to unit 6 to square up the river
               front façade and other internal changes was recommended for refusal by Planning staff
               to Council, but approved by Council citing the minor nature of the development it met
               the intent of the planning scheme.




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3.   Development Intent – Proposed Change

The applicant is proposing a Minor Change to enclose the existing covered BBQ area at unit 2 / 80
Hilton Terrace, Noosaville. Figure 1 provides a site location map.




Figure 1 - Site location
The proposed changes are reflected in the Proposed Plans prepared by RG Strategic and are
enclosed within Appendix A.

While the original Planning Approval plans do not recognise the roofed BBQ area, the subsequent
associated building approval approved a roof structure over the BBQ. At the time of the original
approval, building certification was undertaken by Council and the building plans were referred to
the planning department to ensure they were in accordance with the planning approval. Therefore,
the cover of the BBQ area is deemed to be in accordance with the planning approval as the building
approval was issued.

The plans approved on the 28 October 2016 ‘generally in accordance’ with the approved plans show
the current BBQ area floor layout.

The proposal results in a total enclosed space of 17m² which consists of a sink, BBQ, bench and drinks
fridge and as demonstrated in Figure 2 below, does not contribute to building bulk, impede views
or shade neighbouring properties. The development is minor in nature and generally meets the intent
of the planning scheme.




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Figure 2 - Internal layout and Elevation




4.     Change to Decision Notice

The following Minor Change to the Existing Approval (51997.2397) is proposed to reflect the change
to the approved plans. Additional condition 33 is sought by the applicant to reflect the enclosing
of the BBQ area and is provided below.

4.1 Proposed Additional Condition 33

It is sought Council agree to additional Condition 33 to read as follows:

Additional condition 33 < insert date> (change to unit 2 BBQ area)

 Plan No.        Rev.       Plan                                                     Date

 A01             1          Proposed Roof Plan prepared by RG Strategic              15/7/22

 A02             1          Proposed Elevations prepared by RG Strategic             15/7/22




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5.   Planning Assessment

The proposed Minor Change can be supported on a number of grounds as detailed below:

     •   The proposal can be defined as a Minor Change to Approval in accordance with Schedule
         1 of the Planning Act 2016;

     •   The proposal is consistent with the outcomes sought by the Noosa Plan 2020;

     •   The development is minor in nature and generally meets the intent of the planning scheme;

     •   The enclosing of the space mostly consists of glazing with the walls well-articulated
         presenting an interesting built form, noting the walls are already approved structures;

     •   The development is not seen from neighbouring units, except from unit 3, which overlooks
         the BBQ roof, however, as demonstrated in Figure 3 below, is not an intrusive form but
         architecturally pleasing with no external impacts;

     •   The area is 17m² of BBQ outdoor living space which does not add any more bulk to the
         building and satisfies the Noosa style of built form;

     •   The proposal is consistent within the intent of the Decision Notice (51997.2397);

     •   The proposal is consistent with the ‘generally in accordance approval’ issued on 28
         October 2016 which identifies the walls of the BBQ area.




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Figure 3 - View from unit 3 - neighbouring unit




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5.1 Minor Change

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development approval—

         (i) would not result in substantially different development; and

         (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

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

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

                 (D) a referral agency, in assessing the application under section 55(2), to assess the
                 application against, or have regard to, a matter, other than a matter the referral
                 agency must have assessed the application against, or had regard to, when the
                 application was made; or

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




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In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the
Development Assessment Rules, is provided in Table 1 below:




Table 1 - Substantially Different Development Guideline

       ‘Substantially different’
                                                                         Comment
            development
 Involves a new use                          The residential use remains unchanged.
 Results in the application applying         No new land is applied over as part of this change
 to a new parcel of land
                                             application.
 Dramatically changes the built              As demonstrated within the architectural plans included
 form in terms of scale, bulk, and
                                             within Appendix A and the Figures provided throughout
 appearance
                                             this   report     demonstrates        the   scale,   bulk   and
                                             appearance of the units does not dramatically change.
                                             The development has simply installed glazing between
                                             existing walls.
 Changes the ability of the proposal         The BBQ area does not alter the use.
 to operate as intended
 Removes a component that is                 The proposed minor change will not alter the operation
 integral to the operation of the
                                             of the development.
 development
 Significantly impacts on traffic flow       No impacts will occur as a result of the proposed Minor
 and the transport network, such as
                                             Change application.
 increasing traffic to the site
 Introduces new impacts or increases         The BBQ area has existed in some form since the
 the severity of known impacts
                                             development was constructed. Any noise and odour is
                                             contained within its walls and will not create any new nor
                                             increase the severity of known impacts.
 Removes an incentive or offset              Not Applicable.
 component that would have
 balanced a negative impact of the
 development
 Impacts on infrastructure provisions        The proposed Minor Change will not impact upon any
                                             infrastructure network.




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6.   Conclusion

The development complies with the definition of a Minor Change and is consistent with the intent of
the original approval.

This report demonstrates that the development is permitted pursuant to the provisions of the
Planning Act 2016 and the Noosa Plan 2020.

The roofed BBQ area has existed in the location since the original approval. It was slightly
reconfigured as part of a generally in accordance approval and enclosed with some glazing. The
development is minor in nature, does not create any external impacts or more building bulk, is
architecturally pleasing and generally meets the intent of the planning scheme.

Approval of the proposed Minor Change is recommended.

We look forward to Council processing the application at its earliest convenience. Should you
require any additional information or have any queries please to not hesitate to contact us.




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