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Change Application
Attached to the e-mail Change to DA - Built Form & Addition of Lift - MCU20/0037.02.
NSC Ref: MCU20/0037.01 Our Ref: 24903 Date: 22 October 2024 Noosa Council Development Services PO Box 141 Tewantin Qld 4565 Via: Email ([email protected]) Dear Sir / Madam, RE: PLANNING ACT 2016 CHANGE TO DEVELOPMENT APPROVAL CHAPTER 3, PART 5, DIVISION 2, SUBDIVISON 2, SECTION 78-81A 11 MARGIT CRESCENT, SUNRISE BEACH QLD 4567 On behalf of the applicant, 11 Margit Pty Ltd, we write regarding a Development Application approved by the Planning and Environment Court on 25 October 2021. The Development Application was approved under the Planning Act 2016 (the Act) over the above mentioned property for: Development Permit for Material Change of Use for multiple housing type 2 duplex units. The application was subject to code assessment and was referred to the State Assessment and Referral Agency (SARA) under Schedule 10, Part 4, Division 3, Table 1 – premises contaminated because of unexploded ordnance. Noosa Council subsequently approved a minor change to the Development Approval on 19 June 2024. Noosa Council application reference is MCU20/0037.01. There were no affected entities for the Minor Change application. We are seeking a minor change to the above mentioned Development Approval. As the decision to approve the Development Application was made on 19 June 2024 the applicant appeal period has lapsed. Therefore, this request to change the development approval is made under Chapter 3, Part 5, Division 2, Subdivision 2 of the Act. In support of this application, please find attached a copy of the following documents: Attachment A – Approval Package (Decision Notice & conditions) NSC reference: MCU20/0037.01); Attachment B – Amended Proposal Plans, prepared by Jessica Hardwick Architecture; Attachment C – List of design changes, prepared by Jessica Hardwick Architecture; Attachment D – Completed Planning Act Form 5; and Attachment E – Land owners consent and current title.
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PROPOSED CHANGE TO DEVLEOPMENT APPROVAL
The Applicant has recently purchased the Subject Site and is seeking to move forward with the
construction of the approved duplex. A number of minor changes are proposed to maximise the design
outcomes of the development.
The external appearance of the proposed duplex is generally in keeping with the approved design. Some
minor changes are proposed to the building materials. The proposed changes incorporate a mix of
lightweight and textured materials, including timber finishes. Additional screening is proposed to ensure
the privacy of the proposed development and neighbouring properties is maintained.
Importantly, the overall building height, site coverage, siting, and setbacks are unchanged. The bulk and
scale of the development is suitable and consistent with the existing approval.
For clarity, a detailed list of the proposed changes have been prepared by Jessica Hardwick Architecture
and are included within Attachment C. A summary of the key changes are provided below:
Garage Floor:
Floor area amended to accommodate 3 covered car spaces and a new lift;
Internal staircases moved into garage area. Walls and door added to staircases;
Removal of door along the side elevations of each unit.
Lower Floor:
Enclosed solid roof over outdoor room – this is to ensure this area is useable during all weather
events;
Removal of fire place; and
Changes to internal configurations to accommodate lift.
Level 2:
Changes to internal configurations.
Roof Plan:
One continuous roof over the party wall.
East Elevation (Front):
Additional screening to ensure privacy is maintained. Proposed screening is fixed and semi
transparent.
Minor changes to building materials.
Minor changes to RL heights. Overall height is RL 47300m AHD. The approved maximum height
is RL 47400m AHD.
South Elevation:
Changes to windows and doors.
Minor changes to RL heights.
West Elevation:
Changes to windows and doors.
Minor changes to RL heights.
North Elevation:
Changes to windows and doors.
Minor changes to building materials.
Minor changes to RL heights.
11 Margit Crescent, Sunrise Beach – Minor change
[email protected]
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Please refer to the amended proposal plans within Attachment B for details.
CONDITION AMENDMENTS
The proposed changes to the conditions are as follows:
Approved Condition 2 – Approved Plans
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 unless otherwise amended
by these conditions.
…..
Proposed Condition 2
(Amendments are to the approved plan table)
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 unless otherwise amended
by these conditions.
Sheet No. Issue Plan / Document Name Date
0.04 1 Site Plan – Proposed 28.10.2024
1.00 2 Roof Plan 28.10.2024
1.10 2 Basement Floor Plan 28.10.2024
1.11 2 Lower Flood Plan 28.10.2024
1.12 2 Upper Floor Plan 28.10.2024
2.00 2 Eastern Elevation 28.10.2024
2.01 2 Southern Elevation 28.10.2024
2.02 2 Western Elevation 28.10.2024
2.03 2 Northern Elevation 28.10.2024
3.00 2 Sections 28.10.2024
3.01 2 Sections 28.10.2024
3.02 2 Sections 28.10.2024
3.03 2 Sections 28.10.2024
Approved Condition 6
All fencing and retaining walls within the northern and southern setbacks must be located and
constructed in accordance with approved drawings DA 153 and DA 154, prepared by OH Architecture
and dated 3 September 2021.
Proposed Condition 6
(Amendments are highlighted in red)
All fencing and retaining walls within the northern and southern setbacks must be located and
constructed in accordance with approved drawings DA 153 and DA 154, prepared by OH Architecture
and dated 3 September 2021 Sheet number 2.01 and 2.03 prepared by Jessica Hardwick Architecture
and dated 28.10.2024.
11 Margit Crescent, Sunrise Beach – Minor change
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Approved Condition 8
All deck and balcony areas must not be enclosed by permanent fixtures such as shutters, louvres,
glass panelling or the like, except where required to satisfy any privacy condition of this Decision
Notice.
Proposed Condition 8
(Amendments are highlighted in red)
All deck and balcony areas must not be enclosed by permanent fixtures such as shutters, louvres,
glass panelling or the like, except where required to satisfy any privacy condition of this Decision
Notice, or in accordance with the approved plans.
Approved Condition 14
Street fencing must be provided generally as shown on the approved plans.
Condition 14 proposed to be deleted.
There is no front fencing proposed.
Approved Condition 15
The area of land between the street fence and the front property boundary must be densely
landscaped to screen any fencing from the street. A mix of understorey and taller species must be
included.
Condition 15 is proposed to be deleted.
There is no front fencing proposed.
MINOR CHANGE
Consideration has been given to the relevant matters for assessing a minor change under the Act,
having regard to the definition of ‘minor change’ in Schedule 2 and the assessment criteria of Section
81. Under Schedule 2 of the Act, a minor change is defined as a change to the approval that:
i. Would not result in a 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
11 Margit Crescent, Sunrise Beach – Minor change
[email protected]
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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.
The proposed change is a minor change. The above criteria is addressed as follows:
i. The criteria for a substantially different development are set out in Schedule 1 of the
Development Assessment Rules Version 2.0. An assessment of the proposed changes against
schedule 1 is included in the following table:
a) Involves a new use
The proposed change maintains the same land use as that approved and does not involve a
new use.
b) Results in the application applying to a new parcel of land
The proposal continues to apply over the land to which the original Development Application
and approval applies.
c) Dramatically changes the built form in terms of scale, bulk and appearance
The proposed change does not dramatically change the built form in terms of bulk, scale, and
appearance. The external changes are minor and highlighted above.
d) Changes the ability of the proposed development to operate as intended
The proposed change will not change the ability of the proposed development to operate as
intended. The proposal will continue to be for a dual occupancy.
e) Removes a component that is integral to the operation of the development
The proposed change will not change the ability of the approved development to operate as
intended.
f) Significantly impacts on traffic flow and the transport network, such as increasing
traffic to the site
There will be no impact on traffic flow and the transport network as a result of this change.
An additional covered parking space is provided as part of this change. This is for residential
car parking only. The access arrangement is unaltered.
g) Introduces new impacts or increases the severity of known impacts
The proposed change will not alter any existing impacts or introduce new impacts.
h) Removes an incentive or offset component that would have balanced a negative
impact of the development
Not applicable. There were no incentives or offsets dealt with as part of this approval.
i) Impacts on infrastructure provisions
There will be no impact on infrastructure provisions. The infrastructure charges will not be
changed.
ii. If the application were remade including the change, when the change application is made, it
would not cause:
A. The inclusion of prohibited development.
- The proposed changes do not introduce prohibited development; or
11 Margit Crescent, Sunrise Beach – Minor change
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B. Referral to a referral agency, other than to the chief executive.
- Not applicable as the original development application was referred to SARA;
or
C. Referral to extra referral agencies, other than to the chief executive.
- If the application were re-made with the proposed changes, referral to extra
referral agencies, other than to the chief executive, would not be required; 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
- If the application were remade with the proposed changes, the referral
agency in assessing the application would not assess the application against
a matter that was not assessed as part of the original application.
E. Public notification if public notification was not required for the development
application.
- The original application was subject to code assessment and was not
required to be publicly notified. If the application were re-made with the
proposed changes, the application would remain subject to code assessment
and would not require public notification.
MAKING A CHANGE APPLICATION
In accordance with section 78A of the Act, the request for the change is made to the responsible entity,
being the assessment manager, Noosa Council.
REQUIREMENTS FOR CHANGE APPLICATIONS
In accordance with section 79 of the Act, the change application is made in the approved form. Planning
Act Form 5 is enclosed within Attachment D.
The required fee, will be paid upon receipt of the Noosa Council invoice for same. We calculate the fee
to be:
Minor change to a Development Approval – minor matters (as determined by Manager,
Development Assessment) (i.e. Dual Occupancy) - $2,617.
A pre-request response notice has not been requested or obtained. There are no affected entities for
this Minor Change application.
Land owners consent is attached within Attachment E.
In accordance with section 81A (3) of the Act, we look forward to the receipt of a decision within 20
business days.
11 Margit Crescent, Sunrise Beach – Minor change
[email protected]
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Should you have any questions, please do not hesitate to contact the undersigned.
Regards
Plannery co
Emma McGeown MPIA
Principal
Enc:
Attachment A – Approval Package (Decision Notice & Conditions) (NSC Reference: MCU20/0037.01);
Attachment B – Amended Proposal Plans, prepared by Jessica Hardwick Architecture;
Attachment C – List of design changes, prepared by Jessica Hardwick Architecture;
Attachment D – Completed Planning Act Form 5; and
Attachment E – Land owners consent and current title.
11 Margit Crescent, Sunrise Beach – Minor change
[email protected]
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PLANNERYco ATTACHMENT A Approval Package NSC Reference Number: MCU20/0037.01
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PLANNERYco ATTACHMENT B Amended Proposal Plans Prepared by Jessica Hardwick Architecture
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PLANNERYco ATTACHMENT C List of Design Changes Prepared by Jessica Hardwick Architecture
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PLANNERYco ATTACHMENT D Planning Act Form 5
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PLANNERYco ATTACHMENT E Land Owners Consent & Current Title