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Minor Change Request 3.11.22 la mer

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                                                                 Pivotal Perspective Pty Ltd
                                                Local and International Development Planning
                                                                     4/59 Mary St, Noosaville
                                                                          QLD, Australia 4565
                                                             [email protected]
                                                                           +61 0406 334 227




3 November 2022


Planning
Noosa Council
[email protected]


RE: Minor Change Request – TPC1845 – Renovate Hastings Street Facade

Background

On the 21 November 1987, Council approved nine (9) Multiple Dwelling Units and four (4)
Shops at 37-39 Hastings Street, Noosa Heads. The original approval includes 34
conditions.

In April 2015, Council approved a change to the existing approval for renovation to the
building subject to additional Conditions 35 and 36.

On 17 November 2020, Council approved a change to the existing approval for renovation
to the swimming pool and open space area fronting the beach subject to amended
Condition 21 and additional Conditions 37 – 43.

Proposal

The applicant seeks to renovate the Hastings Street facing façade and driveway entry and
includes:

     Replacing the current curved architectural perspex roof features with a new timber
      lined arch and reducing their width across the boundary. The arch will be slightly
      higher for a more contemporary look and feel;
     New roof planters along the edge of the driveway;
     New landscaping to the front of the near street columns;
     New landscaping at ground level for the full length of the driveway - to the roof
      line;
     New driveway pavement material;
     New roof landscaping above the driveway;
     New translucent roof sheeting to the existing higher level roof structures between
      the lift shaft and stairwell walls
     New soffit lining.
     Ex ground planting of 2 x Pandanus feature trees adjoining driveway (4m)
     Supported by native lilly plams, westringia, blechnum, lomandra and casuarina
      shrubs
     New vine plantings on podiums including Kangaroo Vine, Dichondra (silver falls),
      philodendron and pandorea.
     New structural plantings on 1st level podium with ivory can palms and elegant fan
      palms.
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Page 2

                                                                   Pivotal Perspective Pty Ltd
                                                  Local and International Development Planning
                                                                       4/59 Mary St, Noosaville
                                                                            QLD, Australia 4565
                                                               [email protected]
                                                                             +61 0406 334 227



The proposal includes minor renovations to the Hastings Street facade without any
additional GFA, site cover or height, rather more importantly there is an increase to the
green landscape elements facing Hastings Street. The proposal is only aesthetic
modifications and will improve the street appearance without changing any of the key
development parameters.

The plantings use a mixture of predominantly native plantings with two large structural
pandanus framing the driveway entrance. The podium plantings do incorporate some
introduced species which add to the sub-tropical look and feel of the building and are more
likely to survive in podium plantings.

The proposal fully complies with the Noosa Heads Local Plan, Tourist Accommodation
Zone code and the Dual Occupancy and Multiple Dwelling code. There are also NO
proposed changes to any of the operational works engineering aspects of the
development.




Figure 1 - 3D perspective of the proposal




Figure 2 - Hastings Street elevation

Page 3

                                                                   Pivotal Perspective Pty Ltd
                                                  Local and International Development Planning
                                                                       4/59 Mary St, Noosaville
                                                                            QLD, Australia 4565
                                                               [email protected]
                                                                             +61 0406 334 227



Minor Change Test

An assessment against the meaning of minor change and a response about the proposed
application is provide below. The Planning Act 2016 defines a minor change as a change
to the approval that:

     i. 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.)

            A change may be considered to result in a substantially different development
            if the proposed change:

              -   Involves a new use; or

     Response: The proposed development does not change the existing use but are
     minor aesthetic modification to the facade of the building.

              -   Results in the application applying to a new parcel of land; or

     Response: No new parcels of land are applicable.

              -   Dramatically changes the built form in terms of scale, bulk and
                  appearance; or

     Response: There are no changes to bulk or scale of the existing development with
     the changes modernising the façade enhancing and utilising the existing structures
     on the building.

              -   Changes the ability of the proposed development to operate as
                  intended; or

     Response: The site will still be used for residential purposes.

              -   Removes a component that is integral to the operation of the
                  development; or

     Response: There are no components being removed from the development integral
     to the operation of the development.

              -   Significantly impacts on traffic flow and the transport network, such as
                  increasing traffic to the site; or

     Response: No change

              -   Introduces new impacts or increases the severity of known impacts; or

     Response: No new impacts are introduced.

              -   Removes an incentive or offset component that would have balanced
                  the negative impact of the development; or

     Response: The proposal does not remove an incentive or offset.

Page 4

                                                                   Pivotal Perspective Pty Ltd
                                                  Local and International Development Planning
                                                                       4/59 Mary St, Noosaville
                                                                            QLD, Australia 4565
                                                               [email protected]
                                                                             +61 0406 334 227




              -   Impacts on infrastructure provisions.

     Response: No change.


     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 agencies were applicable to the original application.

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

     Response: No referral agencies are applicable to the current development. The site
     is located outside of the Coastal Management District.

            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 change does not require the application to be publicly notified.

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

Page 5

                                                                        Pivotal Perspective Pty Ltd
                                                       Local and International Development Planning
                                                                            4/59 Mary St, Noosaville
                                                                                 QLD, Australia 4565
                                                                    [email protected]
                                                                                  +61 0406 334 227



      (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.

The proposed changes are in keeping with the existing approval and provides for
landscaping consistent with the existing approval and provides for a similar sized
landscaping area along the coastal frontage. The species have been chosen in accordance
with Council’s Policy for Landscaping and will complement and enhance the existing
appearance from within the site and from the beachfront, consistent with the requirements
of The Noosa Plan 2020.

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 Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227

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