Minor Change Report 51986 3024 02 [As Published]

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               2.75 metres in height and 7.08 metres wide. Moreover, the overall height of the pergola is 22.945
               metres, which is the same height of the existing shade sail and smaller than the shade sail on the
               adjoining roof terrace to the west.
               The locality and proposal plan are included below.




                                                       Figure 1 – Locality




                                                  Figure 2 – Existing Shade Sail


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                                  <
                                       Figure 3 – Floor Plan




                                       Figure 4 –Plan View




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                                                    Figure 5 – External Elevation

               2.     BACKGROUND
               A rezoning was approved on 25 November 1986 to enable a development to proceed.
               An application for a Town Planning Consent was refused by Council on 21 November 1986
               (officers recommended approval as the proposal was in accordance with the rezoning approval).
               On 3 February 1987 Court Approval 258 of 1986 was issued.
               On 18 May 2020 a Generally in Accordance was approved to construct a fire hydrant pump room
               (booster pump) with a front boundary setback in accordance with the original court order approval.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               Under the Planning Act 2016 the application must be assessed against each of the following
               statutory planning instruments to the extent they are relevant to the development:
                     State Planning Policy;
                     South East Queensland Regional Plan;
                     Planning Regulation 2017; and
                     The Noosa Plan 2020.
               3.2. Statutory Process
               The applicant has requested to make a minor change to a development approval under s78 of the
               Planning Act 2016. An application for a minor change to a development approval can only be made
               in circumstances where a change would constitute a ‘minor change’.
               The proposed change to the development approval requested by the applicant is determined to
               constitute a minor change on the grounds that:
                     the development would not result in substantially different development as the pergola
                      maintains the existing use and does not significantly increase the bulk and scale of the
                      building;
                     the change does not include prohibited development;
                     the change would not require the application to be referred to an additional referral agency
                      or cause a referral agency to have regard to new matters prescribed by regulation;

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                     where the original application was code assessable, the change would not cause the
                      application to become impact assessable.
               3.3. Statutory Instruments – Planning Scheme
               The following codes from the Noosa Plan 2020 are applicable to this development:
                     Tourist Accommodation Zone Code;
                     Noosaville Local Plan Code;
                     Dual Occupancy and Multiple Dwelling Code;
                     Works Codes;
                     Land Subject to Acid Sulfate Soils Overlay; and
                     Flood Hazard Overlay.
               Building Height
               Acceptable Outcome AO9.1 of the Tourist Accommodation Zone code requires that Buildings
               and other structures have a building height of no more than 12 metres for Noosaville.
               The proposed pergola is 22.945 metres above natural ground level and therefore does not comply
               with AO9.1 of the Tourist Accommodation Zone code.
               Therefore, the proposal is assessed against Performance Outcome PO9.
               Performance Outcome PO9 seeks that buildings and other structures:
                    (a) Are low rise and present a building height consistent with structures on adjoining and
                        surrounding premises;
                    (b) Do not visually dominate the street or surrounding areas;
                    (c) Preserve the amenity of surrounding premises including privacy, views and access to
                        sunlight;
                    (d) respect the scale of any nearby vegetation, retaining a vegetated skyline;
                    (e) respond to the topography of the site;
                    (f) have a maximum building height of:
                             a. Noosaville– three storeys and appear no more than three storeys from any
                                elevation;
               As per figures 4 and 5, the original court ordered approval for 38 multiple dwelling units exhibits a
               building height of 20 metres and 6 storeys.




                                                   Figure 6 –Eastern Cross Section

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                                                        Figure 7 - Cross Section

               It is also noted in figures 6 and 7 that a pergola, roof terrace and the basement are not included in
               the storeys. Under Noosa Plan 2020, the pergola and roof terrace structures are considered to be
               an additional storey, whilst the basement is also considered a storey. As such, the building exhibits
               8 storey’s in lieu of the court ordered approval of 6. Moreover, the proposed pergola is 2.75 metres
               in height from the ground of the roof terrace and exhibits a smaller height than the pergola which
               was approved as part of the court order approval. The pergola is situated on the northern side of
               the building and fronts the Noosa River. As, such the pergola cannot be viewed from Munna
               Crescent, whilst the view from the Noosa River is currently of the existing shade sail and the
               pergola to the rear. Further, unit 18 occupies the entire eastern side of the roof terrace and is
               separated from the adjoining unit to the west by a dividing wall. Thus, the pergola does not
               adversely affect the amenity of surrounding premises. The proposed pergola is therefore
               considered to comply with Performance Outcome PO9 of the Tourist Accommodation Zone.
               4.     CONSULTATION
               4.1. Referral Agencies
               Not applicable
               4.2. Internal Council Referrals
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The proposed development generally complies with the requirements of the planning scheme and
               does not raise any significant issues that cannot be addressed by reasonable and relevant
               conditions. The application is therefore recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.
               RECOMMENDATION
               With regard to Application No. 51986.3024.02, to make a minor change to an existing approval for
               Multiple Dwelling 38 Units – Town Planning Consent 1844 (51986.3024) situated at Noosa Pacific
               18/24 Munna Cres Noosaville Qld 4566 described as Lot 18 BUP 8454, Council on 6 September
               2021 decided to:
               A.     Approve the change.
               B.     Include the following additional conditions:
               New Condition September 2021
               Approved Plans
               32.    Development undertaken in accordance with this approval must generally comply with the
                      approved plans of development. The approved plans are listed in the following table

                                Plan No.   Rev.   Plan/Document Name                               Date


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                                1      A      Existing and Proposed Roof Plan, prepared by Peter   -
                                              Bates

                                1      -      Plan View, prepared by Peter Bates                   08/03/21

                                2      -      External Elevation, prepared by Peter Bates          08/03/21

               Building Height
               32.    The building must not exceed a maximum of 8 storeys.
               Rooftop Pergola
               33.    The approved pergola must not be enclosed and must remain of open and light weight design
                      and construction.




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