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Minor_Change_Req-PM170901
Attached to the e-mail Change to DA (Height condition) - MCU16/0138.02 & OPW16/0257.02.
Our ref: PM170901
30 August 2019
The Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565
Attention: Development Assessment
Via Email: [email protected]
Dear Sir/Madam,
Re: Request for Minor Change to Approval
Approved Development Permit for Material Change of Use of
Premises – Multiple Housing Type 2 (2 x Duplex) and Operational
Works (Earthworks, Carparking, Access, Stormwater & Landscaping)
111 & 113 Gympie Terrace, Noosaville
Lot 6 on RP79817 & Lot 18 on RP66590
Council Approval ref: MCU16/0138 & OPW16/0257
In accordance with Section 78 of the Planning Act 2016, please find enclosed a request
for a Minor Change to the Development Permit for Material Change of Use of Premises
– Multiple Housing Type 2 (2 x Duplex) and Operational Works (Earthworks, Carparking,
Access, Stormwater & Landscaping (Council ref: MCU16/0138 & OPW16/0257).
This request is made on behalf of Sharmalar Rajendran and Jason and Susan Payne,
being the landowners of the abovementioned lots. In accordance with Section 79 of the
Planning Act 2016, landowner’s consent is not required for this application.
In support of the application, please find enclosed the following:
• Form 16 Design Certification from Skyline Surveyors (Attachment 1);
• Completed DA Form 5 (Attachment 2).
Payment of $2,164.00 application fee will be made upon Council issuing the payment
link.
Background
Council issued a Decision Notice under the Planning Act 2016 for a Material Change of
Use to establish two (2) Type 2 Duplex Developments on the subject sites on 9 May 2017.
A Minor Change was made to the Duplex at 111 Gympie Terrace and was approved on
16 November 2017.
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It is noted that in order to achieve an acceptable level of Flood Immunity, the Duplex developments were
approved to be constructed at a height of 8.6 metres from Natural Ground Level (as per Condition 4 of the
development approval). Construction of the Duplex developments has since commenced onsite and is near
completion, due to be finalised in September 2019.
During the process of finalising the building certification to obtain a Form 21, the final survey of the
constructed Duplex developments was carried out on Tuesday 27 August 2019. At this time, the Surveyor
determined that a portion of the roofline for the constructed Duplex at 111 Gympie Terrace has been
constructed over the nominated height in error. The portion of the roof which forms part of the façade has
been constructed to a height of 8.71m from Natural Ground Level, which exceeds the height approved
under Condition 4. Please refer to the Surveyor’s Form 16 design certificate in Attachment 1, which
confirms the ‘as constructed’ height of the building.
This error is a result of variations to structural design which resulted a different sized rafters, as well as
errors during construction. This error was discovered after the roof had finished constructed, and upon
engaging the Surveyor to certify the building height.
Proposed Changes to Conditions
As the Duplex has been constructed, we request Council to accept the revised building height which is
marginally in excess of the approved height by agreeing to change Condition 4 of the Development Permit
to reflect the as constructed height.
We note that Condition 4 currently reads as follows:
Building Height
4. The maximum height of the development must not exceed 8.6 metres above the finished
ground level and the natural ground surface.
It is requested that Condition 4 be amended to the below:
Building Height
4. The maximum height of the development at 113 Gympie Terrace, Noosaville must not
exceed 8.6 metres above the finished ground level and the natural ground surface. The
maximum height of the development at 111 Gympie Terrace, Noosaville must not exceed
8.71 metres above the finished ground level and the natural ground surface.
Change Application - Planning Act 2016
The proposed change to the Development Permit and associated conditions, are considered a ‘Minor
Change’ under section 78 of the Planning Act 2016, as.
• The proposed change will not result in a substantially different development to that which was
approved, given the changes will have no additional impacts, will result in no changes to the
approved overall site layout nor result in an increase to the density or site cover of the
development currently approved;
• The proposed change will not result in any additional impacts, particularly given the minor nature
of the increase in height (100mm) will not obstruct any views any further;
• The proposed change largely remain compliant with codes;
• The proposed change do not result in prohibited development;
• The proposed change do not trigger referral to any additional referral agencies; and,
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• The proposed change do not trigger public notification.
For these reasons outlined above, it is considered that the proposed changes constitute a Minor Change to
the approved development. On this basis, it is considered that the request should be dealt with pursuant
to provisions outlined within Section 81 of the Planning Act 2016.
Proceeding
We trust the information provides you with sufficient information in relation to the proposal and we look
forward to receiving a positive decision from Council at your earliest convenience.
Should you have any further questions in relation to this matter, please feel free to contact me direct.
Yours faithfully,
ADAMS + SPARKES
TOWN PLANNING + DEVELOPMENT
Michael Lyell
SENIOR TOWN PLANNER
Encl: Form 16 Design Certification from Skyline Surveyors (Attachment 1)
Completed DA Form 5 (Attachment 2)