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M2915 - Notice of change_09082022

Attached to the e-mail MCU21/0228 & OPW21/0364 - 245 David Low Way Peregian Beach - Notice of Change.

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BRISBANE | SUNSHINE COAST | CENTRAL QLD
KON-TIKI BUSINESS CENTRE
TOWER 1, LEVEL 2, SUITE T1.209,
55 PLAZA PARADE, MAROOCHYDORE QLD 4558
JFP URBAN CONSULTANTS PTY LTD ABN 79 050 414 045




9 August 2022
Job Ref: M2915P

Noosa Council
By email: [email protected]



Att: Patrick Murphy – Planning Coordinator

Re: M2915 – Notice of change to development approval at 245 David Low Way, Peregian Beach (Council ref:
MCU21/0228 & OPW21/0364)

Dear Patrick,

Further to our recent discussions regarding the development application over land at 245 David Low Way Peregian Beach
(Council ref: MCU21/0228 OPW21/0364), our client Altum Property Group has considered Council’s feedback and has
decided to proceed with the Dual Occupancy in a mixed use format including 100m2 of Commercial GFA on ground (refer
to Attachment A). The revised proposal maintains much of the previously approved built form and façade treatments,
with only the internal floor layouts being amended to accommodate the new (small dwelling) residential units and
increase in office floor space.

Notwithstanding this, we have updated the key criteria table below, which illustrates the resultant built form outcomes in
light of the planning scheme’s relevant assessment benchmarks.

 Item                     Proposal details                Planning Scheme      Comment
                                                          provisions
 Site area                582m2                           -                    -
 Site cover               251.1m2 or 43.1%                261.9m2 or 45%       Complies
 Plot Ratio               0.5:1                           0.5:1                Complies
 Building height          8.055m above natural            8.0m above natural   Generally Complies – the non-
                                                                               compliance is considered negligible.
 Proposed                 Level 1                                              The commercial has slightly increased to
 development              Commercial 100m2                                     100m2 and the residential has decreased
                          Level 2                                              from 3 to 2 units
                          2x small dwellings (2bds)
                          95m2 + 96m2 = 191m2
 Building                 Front            6m             6m                   Complies (Shade screen 5.4m)
 setbacks                 Southern Side 2.27m             1.5m/2m/2.5m         Complies
                          Northern Side 1.5               1.5m/2m/2.5m         2nd storey eave encroaches the 2m
                                                                               setback
                          Rear                     5.1m   6m                   The roof and Unit 2 balcony encroach
                                                                               into the rear setback
 Carparking               Commercial               5      1/20m2 GFA = 5       Complies
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                         Residential       2                    2 covered spaces         Complies
                         Visitor           1                    1 visitor                Complies
                         Service vehicles - Kerb side
                         collection
    Landscaping          Total             35% or 203.7m2       35% or 203.7m2           Complies
                         Percentage        64.4% or 131m2       60% or 122m2             Complies
                         soft
    Private open         Ground            N/A                  20m2                     N/A
    space                Above             14m2                 9m2                      Complies
Table 1 – Built form key criteria


This change notice is provided in accordance with the s52 of the Planning Act (the Act), as the proposed change to the
mixed use development, albeit minor, constitutes a change of use from Multiple dwelling units to a Dual occupancy. We
consider this loss of one dwelling unit in the context of the overall development does not result in substantially different
development. Accordingly, we believe the proposed change is a minor change as defined in the Act, an extract of which is
reproduced below:

Minor change means a change that—
             (a) for a development application—
                 (i) does not result in substantially different development; and
                 (ii) if the application, including the change, were made when the change is made—would not cause—
                         (A) the inclusion of prohibited development in the application; or
                         (B) referral to a referral agency if there were no referral agencies for the development application; or
                         (C) referral to extra referral agencies; 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
                         (E) public notification if public notification was not required for the development application;

Assessment against the applicable provisions of the Planning Act

In accordance with the above minor change definition, below is an assessment of the proposed change against the ‘minor
change’ criteria as outlined in the definition.
  Criteria                                                   Response
  Minor change means a change that— (a) for a
  development approval—

       i)         Would not result in ‘substantially different         Complies refer to Table 2 below.
                  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                  Complies – The proposed change does not introduce
                           development in the application; or          prohibited development.




JFP Ref: M2915P                                                                                                           Page 2

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                     b) Referral to a referral agency, other     Complies – The proposed change does not require the
                        than to the chief executive, if there    development to be referred to a referral agency nor
                        were no referral agencies for the        additional matters prescribed by a regulation under
                        development application; or              section 55(2).
                     c) Referral to extra referral agencies,
                        other than to the chief executive; or
                     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
                     e) public notification if public            Complies – The proposed amendment is minor in nature
                        notification was not required for the    and will not trigger the requirement for public
                        development application.                 notification.




Table 1 – ‘minor change’ criteria


The proposed change is also required to demonstrate that the development is not substantially different development, as
defined in Schedule 1 of the Development Assessment Rules, we provide an assessment below:

    Substantially Different Criteria                             Response
    A change may be considered to result in a substantially
    different development if the proposed change:
         a) involves a new use                                   Complies –The definition of what constitutes substantially
                                                                 different is not prescriptive and is a question of degree
                                                                 that requires consideration of the circumstances of the
                                                                 change. Therefore, the inclusion of a new use does not
                                                                 automatically mean a change results in substantially
                                                                 different development. In this instance, the changed
                                                                 development from multiple dwelling to dual occupancy
                                                                 remains a mixed use development with residential being
                                                                 located above ground and commercial at ground. The
                                                                 only amendment is the reduction of 1 unit, which triggers
                                                                 a change of use by definition, although we do not
                                                                 consider this to constitute substantially different
                                                                 development. The proposed use remains residential in
                                                                 nature and does not material effect the way the use was
                                                                 intended to operate.
        b) results in the application applying to a new parcel   Complies – the proposed change will not result in any
           of land; or                                           new parcels of land being included as part of the
                                                                 application




JFP Ref: M2915P                                                                                                  Page 3

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      c) dramatically changes the built form in terms of        Complies – the proposed change maintains the buildings
         scale, bulk and appearance; or                         domestic built form character in terms of scale bulk, roof
                                                                lines and appearance from the street.
      d) changes the ability of the proposed development        Complies – the proposed development doesn’t change
         to operate as intended; or                             the ability for the proposed development to operate as
                                                                intended i.e. a mixed use development with commercial
                                                                on ground and residential above.
      e) removes a component that is integral to the            Complies – the proposed change does not remove a
         operation of the development; or                       component that is integral to the operation of the
                                                                development.

      f) significantly impacts on traffic flow and the          Complies – no significant changes to the transport
         transport network, such as increasing traffic to       network are expected.
         the site; or
      g) introduces new impacts or increase the severity        Complies The proposed amendment will not result in
         of known impacts; or                                   increased severity of known impacts.
      h) removes an incentive or offset component that          Complies – not applicable
         would have balanced a negative impact of the
         development; or
      i) impacts on infrastructure provisions.                  Complies – not applicable

In terms of the above and in accordance with s52 (3) of the Act, the proposed change does not affect the development
assessment process. Therefore, we trust this is to Council’s satisfaction and look forward to Council’s favourable decision
and the granting of a development permit for the changed proposal in due course.

The amended proposal plans prepared by Blackburne Jackson Design architects are included in Attachment A for your
review.

I trust this assist and please do not hesitate to give me a call should you have any questions.




Yours faithfully,




TIMOTHY BALCOMBE
SENIOR URBAN PLANNER
JFP URBAN CONSULTANTS

CC/- Altum Property Group

Attachments:
Attachment A - Amended proposal plans




JFP Ref: M2915P                                                                                                  Page 4

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