Generally In Accordance Report MCU21 0083 01 (As Published) · MCU21/0083.01

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               1.     PROPOSAL
               The applicant seeks Council’s agreement that the following changes are generally in accordance
               with the approved plans of development for the site:
               •      changes to unit configurations for units 1, 2, 3, 4, 6 and 7;
               •      installation of roller doors to enclose carports for units 5, 8, 9 and 10;
               •      extension of upper-level balconies to units 9 and 10; and
               •      inclusion of privacy screening measures to units 9 and 10 as per conditions 11 and 12.
               There were no changes to any conditions of approval nor any additional non-compliance
               with assessable provisions/built form requirements because of the GIA changes.


               2.     BACKGROUND
               A development approval for a Material Change of Use of Premises (Multiple Dwelling – 10 dwelling
               units) was issued on 21 July 2022.
               During the final inspection of the development, it was identified by council officers that there were
               discrepancies and inaccuracies between the as-built construction of several units and the approved
               plans endorsed under the original planning approval. During the final inspection it was also
               identified that overlooking concerns (which had been conditioned), had not been addressed
               appropriately.
               Upon further investigation, it was identified that several design amendments had been made to the
               original plans after council had issued the approval, these changes were reflected in a revised
               drawing set that were issued as part of the building approval, with the plans endorsed through
               private certification.
               As such, the applicant was subsequently advised to make a GIA application to resolve the
               discrepancies and resolve the overlooking issues through the installation of fixed screening
               measures two both units 9 and 10. The screening measures were installed on 10 April 2025 and
               re-inspected by council officers with confirmation provided to the applicant confirming compliance
               with conditions 11 and 12.
               3.     ASSESSMENT
               3.1. Instruments for Statutory Assessment
               •      The proposed changes do not require assessment/re-assessment of code provisions
                      pursuant to the Noosa Plan 2020.
               The applicant has provided amended plans that demonstrate all minor amendments to the original
               approved plans. Some of the amended plans, replace existing approved plans while some are in
               addition to the approved plans. In addition, some approved plans are to be deleted due to design
               changes.
               The development is considered generally in accordance with the development permit.
               4.     CONSULTATION
               Not applicable
               5.     CONCLUSION & REASONS FOR DECISION
               The changes are considered minor and are in keeping with the approval and can be considered
               generally in accordance with the approval. 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 generally in accordance request is therefore
               recommended for approval.
               The report is provided in accordance with Section 63(5) of the Planning Act 2016.



                                                                                                       Page 2 of 3

Document Set ID: 23675953
Version: 0, Version Date: 01/01/1900


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1. PROPOSAL

The applicant seeks Council’s agreement that the following changes are generally in accordance
with the approved plans of development for the site:

° changes to unit configurations for units 1, 2, 3, 4, 6 and 7;

° installation of roller doors to enclose carports for units 5, 8, 9 and 10;
e extension of upper-level balconies to units 9 and 10; and
e inclusion of privacy screening measures to units 9 and 10 as per conditions 11 and 12.

There were no changes to any conditions of approval nor any additional non-compliance
with assessable provisions/built form requirements because of the GIA changes.

2. BACKGROUND

A development approval for a Material Change of Use of Premises (Multiple Dwelling — 10 dwelling
units) was issued on 27 July 2022.

During the final inspection of the development, it was identified by council officers that there were
discrepancies and inaccuracies between the as-built construction of several units and the approved
plans endorsed under the original planning approval. During the final inspection it was also
identified that overlooking concerns (which had been conditioned), had not been addressed
appropriately.

Upon further investigation, it was identified that several design amendments had been made to the
original plans after council had issued the approval, these changes were reflected in a revised
drawing set that were issued as part of the building approval, with the plans endorsed through
private certification.

As such, the applicant was subsequently advised to make a GIA application to resolve the
discrepancies and resolve the overlooking issues through the installation of fixed screening
measures two both units 9 and 10. The screening measures were installed on 10 April 2025 and
re-inspected by council officers with confirmation provided to the applicant confirming compliance
with conditions 11 and 12.

3. ASSESSMENT
3.1. Instruments for Statutory Assessment

e The proposed changes do not require assessment/re-assessment of code provisions
pursuant to the Noosa Plan 2020.

The applicant has provided amended plans that demonstrate all minor amendments to the original
approved plans. Some of the amended plans, replace existing approved plans while some are in
addition to the approved plans. In addition, some approved plans are to be deleted due to design
changes.

The development is considered generally in accordance with the development permit.
4. CONSULTATION

Not applicable

5. CONCLUSION & REASONS FOR DECISION

The changes are considered minor and are in keeping with the approval and can be considered
generally in accordance with the approval. 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 generally in accordance request is therefore
recommended for approval.

The report is provided in accordance with Section 63(5) of the Planning Act 2016.

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Document Set ID: 23675953
Version: 0, Version Date: 01/01/1900

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               RECOMMENDATION
               With regard to Application No. MCU21/0083.01, seeking confirmation that the proposed changes
               are considered generally in accordance with the development approval for Material Change of Use
               of Premises (Multiple Dwelling – 10 dwelling units) situated at 25-27 Toolar St Tewantin described
               as Lot 2 RP 73072, Council on 9 April 2025 confirmed the plans listed in the following table as
               being generally in accordance with the development approval.

                Plan No.               Rev.   Plan/Document Name                                Date

                BA-2010-D              D      Proposed Townhouses Site Plan, prepared by Robin 13.04.2023
                                              Spencer Architecture

                BA-2011-D              D      Proposed Townhouses Ground Floor Plan, prepared 28.04.2023
                                              by Robin Spencer Architecture

                TP-2011-M              M      Proposed Townhouses First Floor Plan, prepared by 07.04.2025
                                              Robin Spencer Architecture

                BA-2013-B              B      Proposed Townhouses Roof Plan, prepared by 15.12.2022
                                              Robin Spencer Architecture

                BA-7010-D              D      External Elevations Elevations, prepared by Robin 13.04.2023
                                              Spencer Architecture

                TP-7010-L              L      External Elevations All Elevations, prepared by 08.04.2025
                                              Robin Spencer Architecture

                BA-7020-B              B      General Sections Sections, prepared by Robin 15.12.2022
                                              Spencer Architecture

                BA-7021-B              B      General Sections Sections, prepared by Robin 15.12.2022
                                              Spencer Architecture

                BA-7030-C              C      Detail Sections Sections, prepared by Robin 13.04.2023
                                              Spencer Architecture

                BA-7031-B              B      Detail Sections Sections, prepared by Robin 15.12.2022
                                              Spencer Architecture




                                                                                                    Page 3 of 3

Document Set ID: 23675953
Version: 0, Version Date: 01/01/1900


[OCR of page images]
RECOMMENDATION

With regard to Application No. MCU21/0083.01, seeking confirmation that the proposed changes
are considered generally in accordance with the development approval for Material Change of Use
of Premises (Multiple Dwelling — 10 dwelling units) situated at 25-27 Toolar St Tewantin described
as Lot 2 RP 73072, Council on 9 April 2025 confirmed the plans listed in the following table as
being generally in accordance with the development approval.

Plan No.

BA-2010-D

BA-2011-D

TP-2011-M

BA-2013-B

BA-7010-D

TP-7010-L

BA-7020-B

BA-7021-B

BA-7030-C

BA-7031-B

Document Set ID: 23675953
Version: 0, Version Date: 01/01/1900

Rev.

D

Plan/Document Name

Proposed Townhouses Site Plan, prepared by Robin
Spencer Architecture

Proposed Townhouses Ground Floor Plan, prepared
by Robin Spencer Architecture

Proposed Townhouses First Floor Plan, prepared by
Robin Spencer Architecture

Proposed Townhouses Roof Plan, prepared by
Robin Spencer Architecture

External Elevations Elevations, prepared by Robin
Spencer Architecture

External Elevations All Elevations, prepared by
Robin Spencer Architecture

General Sections Sections, prepared by Robin
Spencer Architecture

General Sections Sections, prepared by Robin
Spencer Architecture

Detail Sections Sections, prepared by Robin
Spencer Architecture

Detail Sections Sections, prepared by Robin
Spencer Architecture

Date

13.04.2023

28.04.2023

07.04.2025

15.12.2022

13.04.2023

08.04.2025

15.12.2022

15.12.2022

13.04.2023

15.12.2022

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