Cover Letter - Minor Change Application · 51994.1391.01

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Figure 1 – Typical Layout – Units 1 -4

The development was approved by Council on 31 October 1994 (Council reference: TPC 2742).

The Proposal
The proposed minor change application seeks an approval to make additions and alterations to Unit 2. Unit
2 is a ground level unit that is located on the northern side of the building. The proposed additions and
alterations will enclose a small terrace in line with the overhead balcony to extend the existing study area.
The changes will increase the gross floor area of the Unit 2 by 5.50m2.

The proposed floor plan, with the area to be enclosed, is illustrated in Figures 2 below:




Figure 2 – Proposed Floor Plan

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Figure 3 – Photograph of Area to be enclosed

The proposed additions will not be visible from the street frontage or the adjoining properties given that:
    + it is located to the rear of the building;
    + it adjoins a common wall with Unit 1; and
    + it is located beneath a balcony associated with the units above.

Please refer to Attachment 1 - Proposal Plans for further details.

Changes to Conditions/Plans of Approval

As a result of approving the proposed changes, it is requested that the plans listed in the table below are
reflected in any change to approval decision notice. It is considered that no other change to the approval
would be necessary.

Approved Plans
 Plan No.               Rev.      Plan/Document Name                                     Date
 No. 6                  -         Proposed Floor Plan, prepared by JMF Design            24/01/2023

 No. 9                  -         Floor Plan Extended Room, Elevation 1, prepared by     24/01/2023
                                  JMF Design

Statutory Process

Change Application - Planning Act 2016

The proposed changes to the development approval, are considered to constitute a ‘minor change’ under
section 78 of the Planning Act 2016 on grounds that:
    + The change would not result in a substantially different development because the change relates to
         a minor additions and alterations involving a enclosing an existing terrace area associated with Unit
         2;
    + The change would not cause the approval to include prohibited development;
    + The change would not require the application to be referred to a referral agency;
    + There were no referral agencies involved with the original application; and
    + The proposed change would not require notification under the Noosa Plan 2020.

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For the 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.

Assessment Procedures

In accordance with Section 81 of the Planning Act 2016, in assessing the change application:

(4) The responsible entity must consider the statutory instrument, or other document, as in effect when the
development application for the development approval was properly made.

(5) However, the responsible entity may give the weight the responsible entity considers is appropriate, in
the circumstances, to— (a) the statutory instrument or other document as in effect when the change
application was made;

On 31 October 1994, Council issued a town planning consent permit for a multiple dwelling (5 units)

The Noosa Plan 2020 (21 September 2020) was in effect at the time that this change application was made.
In this circumstance, it is considered that weight should be afforded to the Noosa Plan 2020 when
assessing the proposed changes, as this document sets out the current planning intent for the Shire over
the next 20 years.

The proposed development would constitute a Multiple Dwelling under the Noosa Plan 2020. The subject
site is located within the Medium Density Residential Zone and the Noosa Heads Local Plan Area. A Multiple
Dwelling is code assessable, and subject to assessment against the following codes:
      + Noosa Heads Local Plan Code;
      + High Density Residential Zone Code;
      + Dual Occupancy and Multiple Dwelling Code;
      + Works Codes

The proposed enclosure of the terrace associated with Unit 2 would cause a minor increase to the GFA of
the Unit from 100m2 to 105.5m2. While no longer meeting the definition of a small dwelling unit, the multiple
dwelling would maintain an plot ratio that complies with the maximum allowable plot ratio permitted in the
High Density Residential Zone.

An assessment against the most relevant outcomes contained within the code is provided below:

Table 1 - Assessment of Development Parameters (applying to entire site area)

                    The Noosa Plan             Existing              Proposal                      Compliance
                    2020
                    (Acceptable
                    Outcome)
     Site Cover     45% (small dwellings)      34.6%                 No change                     P
     Plot Ratio     0.75:1 (small dwellings)   0.667:1 (540m2)       0.674:1 (545.5m2)             P
Further the proposed additions are considered to achieve the overall outcomes of the code, including
Overall Outcome 2(c) and (h) for the following reasons:

1.      The development will continue to make a positive contribution to the streetscape by maintaining the
        street presentation landscaped areas in their current form. The additions are located at the rear of the
        building, beneath an under-croft, and will not be visible from the frontage or adjoining properties.

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2.   The development will maintain 3 units within the complex that have a GFA of 100m2 and meet the
     definition of a small dwelling unit. While Unit 2 would have a GFA slightly exceeding 100m2, being
     (105.5m2), it will remain a small unit and still contribute to the diversity of housing choice in the locality.
The development will otherwise cause no changes to the built parameters including height, setbacks and
landscaped areas. A large terrace will also be maintained for the unit that has adequate size, shape
dimensions to support a family dining table and outdoor living opportunities to meet the needs of the
occupants.

Conclusion

The above report demonstrates that the proposal involves a minor change under the Planning Act 2016
and appropriately responds to the provisions and intent of the Noosa Plan 2020. Overall, it has adequately
been demonstrated that the proposed changes comply with the performance and/or overall outcomes of
the relevant codes and will maintain a high level of residential amenity and a building that complements the
coastal character of the area. Consequently, the minor change application should be supported.

Proceeding

This office trusts that the information supplied comprehensively addresses all of the issues relating to the
requested minor change to a development approval. Should you have any questions in relation to the
proposal, please do not hesitate to contact the undersigned on 0423 952 928 or via email
[email protected] sincerely,



Marcus Brennan
B. Urb. Reg. Plan.