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Change Application

Attached to the e-mail Change to DA - Built Form & Addition of Lift - MCU20/0037.02.

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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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Page 2

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]
                                                                                                   Page 2

Page 3

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
[email protected]
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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]
                                                                                                      Page 4

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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
[email protected]
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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]
                                                                                                    Page 6

Page 7

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]
                                                                                                 Page 7

Page 8

PLANNERYco

ATTACHMENT A
Approval Package

NSC Reference Number: MCU20/0037.01

Page 9

PLANNERYco

ATTACHMENT B
Amended Proposal Plans

Prepared by Jessica Hardwick Architecture

Page 10

PLANNERYco

ATTACHMENT C
List of Design Changes

Prepared by Jessica Hardwick Architecture

Page 11

PLANNERYco

ATTACHMENT D

Planning Act Form 5

Page 12

PLANNERYco

ATTACHMENT E

Land Owners Consent & Current Title

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