Cover Letter - Minor Change Application · 51988.2852.04

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The Proposal
The proposed minor change application seeks a retrospective approval for internal alterations to Units 5, 8,
11, 17, 18, 32 and 36, which involved inclosing the dining areas with shutters so that the space could be used a
3rd bedroom. A typical floor plan of the change is illustrated in Figure 1 below:




Figure 1 – Floor Plan Changes to Unit 36

The dining areas associated with the units have been periodically converted into bedrooms over the last 10
years. The conversion has improved the use of the units by allowing larger families with 3 plus children to
book the units for short term accommodation purposes.

Please refer to Attachment 1 - Proposal Plans for further details.

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Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice.

Approved Plans
 Plan No.             Rev.     Plan/Document Name                                         Date
 334-11               -        Ground Floor Plan Blocks B and C, prepared by Alan         As Amended
                               Starkey and Associates                                     20/11/2013

 334-12               -        First Floor Plan Blocks B and C, prepared by Alan          As Amended
                               Starkey and Associates                                     20/11/2013

 334-13               -        Second Floor Plan Blocks B and C, prepared by Alan         As Amended
                               Starkey and Associates                                     20/11/2013

 334-5                -        Second Floor Plan Block A, prepared by Alan Starkey As Amended
                               and Associates                                      20/11/2013


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 the change relates to
         internal alterations to 7 units within a 36 unit development;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency; and
    + The original application was publicly notified.

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 application for 24 Multiple Dwelling Units, single office and ancillary facilities was
approved in 1988.

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when

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assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

The proposed development would constitute a Multiple Dwelling and Short-term Accommodation under
the Noosa Plan 2020. The subject site is located within the Tourist Accommodation Zone and the Noosa
Heads Local Plan Area. A Multiple Dwelling is impact assessable while Short-term Accommodation code
Assessable. The following codes would be most applicable to the assessment:
    + Noosa Heads Local Plan Code;
    + Tourist Accommodation Zone Code;
    + Dual Occupancy and Multiple Dwelling Code;
    + Visitor Accommodation Code; and
    + Works Codes

Key Issues

Car Parking

The existing approved development comprises 36 x 2 bedroom units. The development incorporates a
total of 45 car spaces, which includes 38 covered spaces and 7 uncovered spaces to service the
development. The proposed development comprises 29 x 2 bedroom units 7 x 3 bedroom units. Under the
Noosa Plan 2020, the following parking requirements are applicable.


 Criteria                Noosa Plan 2020                          Proposal                                 Compliance
 Car Parking             if a small dwelling—one covered space    38 covered spaces and 7 uncovered        O
                         up to two bedrooms and two covered       visitor spaces
                         spaces for three or more bedrooms;
                         and
                         one visitor space per four dwellings
                         =
                         43 covered spaces + 9 uncovered
                         visitor spaces.


As detailed in the table above, the development would provide a total shortfall of 5 covered spaces and 2
uncovered spaces. Given the site is completely developed, there is no opportunity to prove these spaces
onsite. While not achieving Acceptable Outcome AO6.1 of the Driveways and Parking Code, it is considered
that the development would provide for on-site car parking in accordance with the demand anticipated to
be generated by the development in accordance with Performance Outcome PO6 on the following basis:

    •   The units of been converted to 3 bedroom units for a number of years and have been functioning this
        way without causing any significant offsite impacts;
    •   There is additional offsite parking available along Noosa Hill Service Lane and Katherina Street
        fronting the development (refer to photographs below); and
    •   The 3 bedroom units are let on a short term basis and are predominately booked by large families
        with 3 or more children who travel in a single car. Consequently, these visitors do not attract a greater
        parking demand.

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Photograph 1 – Street view image of Noosa Hill Service Lane




Photograph 2– Street view image of the northern end Noosa Hill Service Lane which includes the
spaces adjacent to bus stop

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Photograph 3– Street view image of the Katharina Street, fronting the site

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016 and
appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately been
demonstrated that the proposed changes comply with relevant outcomes within the codes and will provide
sufficient on-site parking to meet anticipated demand of the use. Consequently, 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.